ABSTRACT

This Article suggests that the main challenges for twenty first century copyright are not challenges of authorship policy, but rather new and harder problems for copyright's communications policy: copyright's poorly understood role in regulating competition among rival disseminators. Since its inception, copyright has set important baselines upon which publishers and their modern equivalents do business. As the pace of technological change accelerates, copyright's role in setting the conditions for competition is quickly becoming more important, even challenging for primacy the significance of copyright's encouragement of authorship.