The Hegemony of the Copyright Treatise

Academic Article


  • [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."
  • Authors

    Publication Date

  • 1986
  • Has Subject Area

    Published In

    Start Page

  • 581
  • End Page

  • 644
  • Volume

  • 73
  • Issue

  • Winter