Rethinking the 'Copy' in Copyright: CIPIL Evening Seminar

Public Lectures from the Faculty of Law, University of Cambridge

Speaker: Dr Yin Harn Lee, Senior Lecturer in Law at the University of Bristol

Biography: Dr Yin Harn Lee is a Senior Lecturer in Law at the University of Bristol. Her research interests lie primarily in copyright law. A significant part of her research focuses on copyright and videogames, and she is also interested in historical aspects of copyright as well as the interface between intellectual property and personal property.

Abstract: The exclusive right to control the copying or reproduction of a work has been described by one leading copyright treatise as ‘the most fundamental, and historically the oldest, right of a copyright owner’. The first British copyright statute, the 1710 Statute of Anne, conferred on rightholders the exclusive right to print and reprint their books. Since then, the right has expanded far beyond its legislative origins, and now encompasses acts of copying in both digital and analogue form, those that are both temporary and permanent, and those that are merely incidental to the use of the work. Scholars have expressed concern about the now-expansive scope of the right, and there have been calls to restrict the right (e.g. by removing ‘non-expressive copying’ and copying that does not enable the use of the material in question ‘as a work’) or to replace it altogether with a broad right of ‘commercial exploitation’.

This paper will show that, while these proposals are laudable and inventive, they nevertheless encounter the same pitfalls as those faced by English courts in the eighteenth and nineteenth centuries when called upon to define the scope of what constitutes ‘copying’. It will argue that the root of the problem lies in the absence of stable, developed principles for defining the legitimate scope of the rightholder’s market, and that attempts at framing this as a question of statutory interpretation only obscure this fundamental fact.

For more information see:

https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars