Hastings Communications and Entertainment Law Journal


Jason Sheets


Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.