The Centrality of Architecture in Copyright Law

摘要

The effect of legal regulation upon a copyright work is inextricably linked to the physical architecture of that work. For instance, UK law forbids private copying in most circumstances,' and yet it is a common occurrence within UK households because it occurs away from the eyes and ears of the right holder. With the rise of digital technology, it is more important than ever for there to be more explicit consideration of how the architecture of digital works is changing. With digital technology, it is easier to make copies, and yet easier for some right holders to manipulate the use of their works by content recipients. This article suggests that the courts should consider how the architecture of a copyright work affects the impact of legal regulation. A system is proposed as to how this could be achieved.