[Excerpt] "Because copyright treatises typically do a far betterjob than Congress
or the courts of explicating copyright law in straightforward and accessible
language, such treatises can not only communicate the copyright
law, but also influence its development and direction. Policy makers no
doubt understand that content owners and interest groups propose selfserving
agendas, and courts are well aware that the parties to litigation
all want to prevail when they advocate for particular legal conclusions.
A copyright treatise editor could similarly have an economic interest in
promoting particular interpretations of the law over others, but has no
obligation to disclose this. Because no goal beyond articulating copyright
doctrine in a manner that invites further uses and purchases of the
pertinent treatise is facially evident, the tome has an appearance of
objectivity and detachment."
