The Hegemony of the Copyright Treatise

The Hegemony of the Copyright Treatise

This Article critiques the excessive reliance placed on copyright treatises by judges, lawyers, and even scholars and policy makers; explains why treatises in principle are not a legitimate source of positive law; 4 describes the potentially undemocratic consequences of incorrectly perceiving treatises as nonpartisan, status quo baselines of extant copyright jurisprudence; and recommends an alternative approach to charting and cataloging developments in copyright law-the establishment and maintenance of a Restatement patterned after those promulgated by the American Law Institute in common law subject areas.

Ann Bartow

University of New Hampshire

Winter 2004

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By |2020-12-17T13:52:15-08:00January 1st, 2018|Copyright, Inequality, Intellectual Property, Reference|