Re: UCBerkeley press release about Article 2B

Mike Holderness <mch[_at_]cix.compulink.co.uk> writes:
>
> As another furriner, and having been at the EU gathering on
> "creativity and IP" in Vienna, it seems to me that UCC 2B represents
> a part of a tendency to sideline Berne in favour of the model
> "copyright is a property right" (UK Copyright Designs & Patents
> Act 1988 S1). I haven't yet studied it closely enough to say how
> significant a part. The theme of US govt. and industry
> contributions to debates seems to be to argue that authors' rights
> (Droit d'auteur / Urhebergerecht) should be replaced globally with
> contract law, based on the conceit of "freely" negotiated contracts
> between parties of equal power; and specifically on "transferability"
> of such rights as are negotiated in contract.
>
> At least one of the UCBerkeley crew is of the opinion that "of course
> they'll want to export this" (from another meeting, under Chatham House
> Rules :-).
>

I'm not sure which crew member that was, but it's almost certainly right. It would be odd to create a whole new set of controls over information -- which is what UCC 2B will effectively do -- and then confine it to one country, even a big one like the US. In the last 20 years, the US has repeatedly exported its notions about intellectual property, often with great vigor and even where the law itself turns out not to mean very much (anyone remember semiconductor mask work protection?).

One of the most interesting aspects of the Berkeley conference for me was to hear the speakers from outside the US talk about how far removed UCC 2B is from their national laws. It will be a long road, I think.

Mark A. Lemley
Professor of Law, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

NOTE: From August 10 through December 15, I will be visiting at the Boalt Hall School of Law, University of California at Berkeley. The email address above should reach me there.

Information on UT's Intellectual Property program: http://www.utexas.edu/law/acadaff/intelprop/

My publications list: http://www.law.utexas.edu/lemley/pubs.htm Received on Wed Jul 22 1998 - 14:52:18 GMT