The Privatization of Copyright Lawmaking | TorrentFreak
Copyright law strikes a balance between private rights and public interests. Not everyone likes the balance the law sets. Copyright owners complain that it does not adequately protect them from infringement of their works. Critics contend that copyright law tilts too far in favor of the interests of copyright owners and does not safeguard the rights of consumers.
Yet because copyright law is public law—enacted by Congress, enforced where appropriate by the President, and interpreted and applied by the courts—there is plenty of opportunity to monitor the effects of the law and to debate the ways in which it should be reformed.
Increasingly, however, copyright law is being privatized. Its meaning and application are determined not by governmental actors but by private parties, and in particular by deep-pocketed copyright owners. Increasingly, the balance between private rights and public interests is set by private lawmaking.
copyfraudMy new book, Copyfraud and Other Abuses of Intellectual Property Law, shows how copyright owners, unhappy with the scope of protections that Congress has given them, routinely grab more rights than they are entitled to under the law. They do this at the expense of consumers and of the public at large.