A study on the importance of access to copyrighted works : Focusing on U.S. Cases

Copyright law has been understood to serve two purposes: providing incentives for the creation of works and ensuring accessibility for the public. However, in existing copyright analyses, incentives for creation have been given priority, and accessibility to works has been discussed primarily as a factor that limits the expansion of copyright. Technological innovation has created new “markets for access to works” (i.e., markets for the use of existing works in new ways), but the copyright industry has resisted or been reluctant to enter them. However, in the case of the player piano, cable TV, VCR, and MP3 players in the United States, the courts have allowed the use of works in new markets despite the opposition of copyright owners. This is because it can expand accessibility for the public without undermining the incentives for creation. However, there has been criticism of this, which is consistent with the argument that the mere “consumptive use” of works by readers, listeners, or viewers creates little or no social value. However, this view overlooks the fact that these court decisions have continuously advanced copyright policy by increasing both incentives for creation and accessibility to works. Focusing on the accessibility of works can help us find solutions to this problem. These new markets have actually increased the profits of the copyright industry, which has led to more creations and improved accessibility to works. In other words, the expansion of the market for access to works has the advantage of being consistent with the ultimate goal of copyright law to foster a democratic and participatory culture. In particular, it can promote social inclusion by providing opportunities for socially marginalized groups to access works through technological advancements. However, the copyright industry has often rejected new markets as a risk factor, or has tried to suppress or monopolize technologies that promote the market, which has actually slowed down the acceptance of developments. In response, this article seeks to explore ways to achieve the ultimate goal of copyright law by balancing the interests of creators and the public with accessibility to works.