Reconceptualising Copyright: Adapting the Rules to Respect Freedom of Expression in the Digital Age

This Report examines the current framework of copyright rules from a freedom of expression perspective in order to determine how copyright should be reformed to best achieve its underlying purpose of promoting and protecting expression. Part I begins by providing an overview of the systems for protection of copyright and freedom of expression, and goes on to spell out the problems with the current system of copyright rules, which underlie the need for a reconceptualisation of those rules. There is a particular emphasis on the broad chasm between copyright law and the realities of the modern digital age, and the numerous ways in which copyright is failing to achieve its core objective of promoting the creation of cultural works and, in some cases, is actually obstructing it. Part II begins by illustrating the difficulty of analysing copyright using the traditional three-part test, and proposing a modified test for analysing copyright restrictions. This analytical framework is then applied to various copyright issues, leading to specific recommendations for reform regarding copyright’s scope, duration, exceptions and sanctions.