Breyer, Stephen. The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs, 84 Harv. L. Rev. 281 (1970)

Abstract

Copyright law is under constant pressure to evolve. Since the Copyright Act of 1790, which protected only maps, charts and books from unauthorized copying, the law has grown to cover dramatic and audiovisual works, music, choreography, pictures, graphics, sculptures, architecture and more. As emerging technologies have created opportunities for new modes of creative expression and distribution, copyright law has been forced to respond. It may seem curious then, that a law review article written fifty years ago — and primarily about book publishing — could have continued relevance today. This is particularly true considering it was published before the Copyright Act of 1976, which remains the primary basis of copyright law in the United States. Yet “The Uneasy Case for Copyright” continues to have a lasting significance for copyright scholars. It was the first piece Justice Stephen Breyer — then an assistant professor at Harvard Law School working toward tenure — published