The U.S. and Copyright Policy

Background of US Copyright Law:

U.S. copyright law came into being in 1790.  It granted American authors the right to print, reprint, and publish their works.  It was created to provide an incentive for authors to create origninal works and provided them exclusive rights.  At the same time, the rights given to authors were limited.  This was done in order to stimulate creativity and the advancement of knowledge by placing these works in the public domain.  Amendments to the Copyright Act in 1870 and 1909 continued the trend of expanding the scope and availability of copyright protection.  The U.S. Copyright Office plays a significant advisory role to Congress and Federal departments on national and international copyright issues.

Strategy:

The direction of U.S. copyright law is shaped by the knowledge that the only constant factor is change.  The Copyright Office aims to achieve several notable strategic outcomes.

1. Promote lawful use of copyrighted works through efficient administration of copyright law.
   1. Domestic legislation, international treaties, and educational efforts will be used.
2. Participate in congressional deliberations on how copyright law should be adapted for new technologies.
   1. Research methods to achieve this goal while maintaining protection and incentives to create.
3. Make as many copyright public services online as possible
4. Create an effective public education system on copyright law and its importance to society.

What can NZ learn from the U.S. example?

The goals of the U.S. Copyright Office demonstrate positive trends that New Zealand can take on board.  The consideration of the issue with a national and international perspective prevails in this report.  This is demonstrated in the aknowledgement of international treaties such as the Berne Convention and the protection of the ‘national interest’.  It also shows that the office is open to research methods that will allow adaptation for new technologies.  The New Zealand equivalent to this document on the MED website has a different approach.  A clear strategy or direction for the shape of intellectual property policy is not accessible.  However, there is a strategy regarding innovation in general.  This broad approach was adopted deliberately in order to expolit the area of greatest potential.  The subject matter of the strategy is the development of a sustainable bio-economy.  This focussed approach is beneficial for the future of this particular industry, but lacks a general direction for New Zealand policy regarding intellectual property.