II. Copyright and Technology

Copyright law traces its roots to the fifteenth century when the printing press was invented and people realized it was both possible and practical to make multiple copies easily.5 There is an old Xerox TV commercial that humorously portrays monks sitting around handwriting copies of Biblical texts over and over again, until one monk finally discovers the Xerox machine that can make copies for him.6 The anachronistic Xerox advertisement actually illustrates an important aspect of the interplay between copyright and technology. Copyright law has constantly struggled to keep pace with advancements in technology. The printing press, movable type, radio, photographs, motion pictures, sound recordings, television, VCRs, satellites, cable television, and then of course the Internet have all challenged copyright law.

Although it was already dated when it went into effect in 1978, the 1976 Copyright Act9 did appear healthy for a time.10 But the advent of today's digital computers, fiber optics, and satellite technology, coupled with the ability to upload and download videos via websites, has drastically altered the legal landscape. When Congress was writing the 1976 Copyright Act during the 1960s, they simply had no crystal ball with which to foresee such a revolutionary change in communications technology.