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Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?
Unformatted Document Text:  9 Somewhat similar to Benkler’s article, Maureen Ryan’ s 21 article on public space and public trust paradigm is very valuable to the current study. In terms similar to Benkler’s public domain, Ryan talked about the definition of the public space. More importantly however, Ryan recommended a public trust paradigm as a model for evaluating copyright law in the digital world. This study is especially useful because the public trust paradigm is very similar to public choice theory, which is the theoretical underpinning for the current study. Ryan’s article however, ultimately is geared toward rescuing fair use doctrine from the perception that it is a subsidy from copyright owner in favor of uses that benefit the public. The goal of Ryan’s article is completely different from the goal of the current study. Diane Zimmerman, 22 although a little dated and prior to the advent of DMCA, is another noted copyright scholar whose work is of relevance to this study. In this particular work, Zimmerman addressed the history of statutory copyright and the beginning of the distinction between information as public commodity and information as a form of private wealth. While this study does not directly address recent copyright laws and their implications, its in depth economic and constitutional analysis of statutory copyright provides a well of information that is very relevant to the current study. In this category is also the work of Jessica Litman 23 a well- respected copyright legislative historian. Litman’s work provides a good balance to the discussion of the public domain and intellectual property rights in the age of digitization. While this study is not directly related to the current study in terms of focus and comparative analysis, it provides a great historical background to the development and legislative history of copyright law in the United States. All of these studies have helped refine and shape the direction for the current study. However, none of these studies specifically addresses the same issues nor address any of the issues from the standpoint of the public choice perspective. The current study therefore seeks to fill the gap by bringing a different perspective into the issues in the hope of finding an alternative solution if necessary. Methodology 21 Maureen Ryan. Cyberspace as Public Sphere: A Public Trust Paradigm for Copyright in a Digital World. 79 Or.L. Rev. 647 (Fall, 2000). 22 Diane Leenherr Zimmerman. Information as Speech, Information as Goods: Some Thoughts on Marketplaces and the Bill of Rights. 33 Wm and Mary L. Rev. 665 (Spring 1992).

Authors: Abah, Adedayo.
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background image
9
Somewhat similar to Benkler’s article, Maureen Ryan’ s
21
article on public space and
public trust paradigm is very valuable to the current study. In terms similar to Benkler’s public
domain, Ryan talked about the definition of the public space. More importantly however, Ryan
recommended a public trust paradigm as a model for evaluating copyright law in the digital
world. This study is especially useful because the public trust paradigm is very similar to public
choice theory, which is the theoretical underpinning for the current study. Ryan’s article
however, ultimately is geared toward rescuing fair use doctrine from the perception that it is a
subsidy from copyright owner in favor of uses that benefit the public. The goal of Ryan’s article
is completely different from the goal of the current study.
Diane Zimmerman,
22
although a little dated and prior to the advent of DMCA, is another
noted copyright scholar whose work is of relevance to this study. In this particular work,
Zimmerman addressed the history of statutory copyright and the beginning of the distinction
between information as public commodity and information as a form of private wealth. While
this study does not directly address recent copyright laws and their implications, its in depth
economic and constitutional analysis of statutory copyright provides a well of information that is
very relevant to the current study. In this category is also the work of Jessica Litman
23
a well-
respected copyright legislative historian. Litman’s work provides a good balance to the
discussion of the public domain and intellectual property rights in the age of digitization. While
this study is not directly related to the current study in terms of focus and comparative analysis, it
provides a great historical background to the development and legislative history of copyright
law in the United States.
All of these studies have helped refine and shape the direction for the current study.
However, none of these studies specifically addresses the same issues nor address any of the
issues from the standpoint of the public choice perspective. The current study therefore seeks to
fill the gap by bringing a different perspective into the issues in the hope of finding an alternative
solution if necessary.
Methodology
21
Maureen Ryan. Cyberspace as Public Sphere: A Public Trust Paradigm for Copyright in a Digital World. 79 Or.L.
Rev. 647 (Fall, 2000).
22
Diane Leenherr Zimmerman. Information as Speech, Information as Goods: Some Thoughts on Marketplaces and
the Bill of Rights. 33 Wm and Mary L. Rev. 665 (Spring 1992).


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