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The Uneasy Case for Copyright

The Uneasy Case for Copyright is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand The Uneasy Case for Copyright rather than just read about it. In short: "The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" was an article in the Harvard Law Review by future United States Supreme Court Justice Stephen Breyer in 1970, while he was still a legal academic. The article was a challenge to copyright expansionism, which was just entering its modern phase, and was still largely unquestioned in the United States.

Key takeaways

  • The Uneasy Case for Copyright belongs to science; place it in that map before memorising details.
  • Learn the definition first, then one example that makes the definition concrete.
  • Connect The Uneasy Case for Copyright to a quantity you can measure, compute or draw — that is where exam questions come from.
  • Reproduce the core statement of The Uneasy Case for Copyright from memory before moving on to harder problems.

Reference excerpt

"The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" was an article in the Harvard Law Review by future United States Supreme Court Justice Stephen Breyer in 1970, while he was still a legal academic. The article was a challenge to copyright expansionism, which was just entering its modern phase, and was still largely unquestioned in the United States. It became one of the most widely cited skeptical examinations of copyright. In this piece, Breyer made several points:

That the only defensible justification of copyright is a consequentialist economic balance between maximizing the distribution of works and encouraging their production. That there is significant historical, logical, and anecdotal evidence which shows that exclusive rights will provide only limited increases in the volume of literary production, particularly within certain sections of the book market. That there was limited justification for contemporary expansions in the scope and duration of copyright. There was a formal reply by law student Barry W. Tyerman in the UCLA Law Review, and a rejoinder by Breyer, but the article appears to have had little impact on copyright policy in the lead up to the Copyright Act of 1976. Seventeen years later, in their mathematical law and economics article "An Economic Analysis of Copyright Law" (1989), William Landes and Richard Posner systematically analyzed each of Breyer's arguments and concluded that "they do not make a persuasive case for eliminating copyright protection." In particular they noted that many of his arguments rested on imperfect copying technology, an argument which weakens with technological innovation.

References

Worked examples

Example 1 — a first encounter with The Uneasy Case for Copyright

Start with the simplest possible case. Write down what The Uneasy Case for Copyright claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to The Uneasy Case for Copyright before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about The Uneasy Case for Copyright ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of The Uneasy Case for Copyright

In research
The Uneasy Case for Copyright appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry
Engineering practice reuses The Uneasy Case for Copyright in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom
The Uneasy Case for Copyright is common in secondary-school and first-year university syllabi. It links to neighbouring topics 1970 documents, 1970 in American law, Copyright law literature, so understanding it makes those chapters shorter.
In everyday life
Look for The Uneasy Case for Copyright outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.
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How to study The Uneasy Case for Copyright in 20 minutes

  1. Read the reference excerpt below once, without taking notes.
  2. Close the page and write down what The Uneasy Case for Copyright means in your own words.
  3. Compare your version with the excerpt and mark what you missed.
  4. Work through the three examples above with pen and paper.
  5. Explain The Uneasy Case for Copyright out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is The Uneasy Case for Copyright in simple terms?

"The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" was an article in the Harvard Law Review by future United States Supreme Court Justice Stephen Breyer in 1970, while he was still a legal academic. The article was a challenge to copyright expansionis…

Why does The Uneasy Case for Copyright matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study The Uneasy Case for Copyright?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on The Uneasy Case for Copyright.

Tags

  • 1970 documents
  • 1970 in American law
  • Copyright law literature
  • Economics of intellectual property
  • Works about the information economy
  • Works originally published in the Harvard Law Review

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