Overcoming the Achilles Heel of Copyright Law

This article challenges the legitimacy of the three-step test which sets up a one-size-fits-all standard for copyright protection. It also puts forward a proposal aimed at reshaping the three-step test. Moreover, this article argues that the inquiry into the legitimacy of the three-step test necessitates a careful reexamination of the conventional wisdom of copyright law in general and the nature of copyright limitations in particular.

The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age

This foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.

The Gift: Creativity and the Artist in the Modern World

25th Anniversary Edition

The Gift: The Gift: Creativity and the Artist in the Modern World Originally published April 1983; second edition December 2007. by, Lewis Hyde

Promises to Keep

Technology, Law, and the Future of Entertainment

Promises to Keep: Technology, Law, and the Future of Entertainment by, William W. Fisher III

Code: Version 2.0

Lessig's "Code and Other Laws of Cyberspace" was published in 1999. The book quickly began to define a certain vocabulary for thinking about the regulation of cyberspace. More than any other social space, cyberspace would be controlled or not depending upon the architecture, or "code," of that space. And that meant regulators, and those seeking to protect cyberspace from at least some forms of regulation, needed to focus not just upon the work of legislators, but also the work of technologists. Code v2 updates the original work. It is not, as Lessig writes in the preface, a "new work." Written in part collectively, through a Wiki hosted by JotSpot, the aim of the update was to recast the argument in the current context, and to clarify the argument where necessary.