United States Copyright Law - Purpose of Copyright

Purpose of Copyright

The purpose of copyright law is ostensibly "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.". Current copyright law has expanded coverage to include the idea of stimulating the creation of as many works of art, literature, architecture, music, and other works of authorship. Historically, the United States recognized no absolute, natural right in an author to prevent others from copying or otherwise exploiting his/her work, but court and legislative attitudes in this regard have rapidly changed since the 1970s.

Although copyright limits freedom of speech, it generally avoids giving rights in the idea being expressed, or in facts or other elements of the public domain which an author may incorporate into his work. Others are free to express the same idea as the author did, or use the same facts, as long as they do not copy the author's original way of expressing the ideas or facts. In addition, even those rights granted in the author's expression are limited in duration and are subject to certain exceptions permitting public use under limited circumstances.

As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate. An 800-page academic study of German copyright law concludes copyright hinders the proliferation of knowledge and the progress of science.