Business conflict and international law: The political economy of copyright in the United States

• 成果类型: Article
• 署名作者: Cartwright, Madison
• 署名单位: Laval University; University of Sydney
• 刊物名称: REGULATION & GOVERNANCE
• ISSN/ISSBN: 1748-5983
• DOI: 10.1111/rego.12272
• 发表日期: 2021
• 页码: 152-167
• 关键词: fair-use; PROTECTION; shift; ideas

摘要

The internet industry has emerged as an important economic and political actor, both within the United States and internationally. Internet companies depend on exceptions from copyright law in order to operate. As a result, internet companies have considerable incentive to try and influence international copyright law. However, the current literature has neglected the role of the internet industry, instead focusing on the influence of copyright owning media companies. This has largely homogenized the concerns of business interests, neglecting the interests of business actors which do not favor stricter copyright protection. By examining business conflict over recent copyright initiatives by the United States, this article criticizes the literature. It illustrates that the internet industry has been able to alter the negotiating preferences of the United States against the wishes of copyright owners. This argues against the homogenization of business interests regarding copyright while illustrating the importance of material over discursive factors in determining political outcomes.