Copyright in Cyberspace Essay

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Copyright in Cyberspace

That cyberspace has had and will have a significant impact on our lives is fact. People, however, love to take this effect to the extreme, saying that cyberspace is tending more and more toward lawlessness and anarchy. Popular phrases include: “Cyberspace will render law ineffective.” “There is no way to police cyberspace.” “The government cannot penetrate cyberspace with its laws and regulations.” These are all relatively common views. Part of this trend is the belief that intellectual property cannot be protected on the Internet because of perceived inherent characteristics of cyberspace. Some even believe this to be a good thing, that there should be no barriers that hinder the flow of information, no
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This list is not intended to be exhaustive. The courts enjoy some discretion in recognizing new types of works.[2] Protection begins the moment that the work is sufficiently fixed or detectable in a stable state for more than a transitory period.[3] For example, a digital work qualifies as fixed the moment its binary sequence is established.[4]

The scope of copyright protection is strictly over the expression of an idea, not the idea itself. Article 1 of the United States Constitution empowers Congress to pass laws that “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."[5] The Constitution tells us that copyright laws derive their justification from the stimulation of intellectual progress. Thus, the laws are not intended to give authors a monopoly over their work so that others cannot enjoy it without paying a price, but to provide a environment in which intellectual fervor is sustained through the free exchange of thoughts and ideas. As is for all types of intellectual property rights in the US, copyright is fundamentally about providing incentives to invent and create.

The goal of intellectual property legislation is to
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