It's by now common wisdom that American copyright law is burdensome, excessive, and failing to promote the ideals that protection ought to. Too many things, critics argue, are subject to copyright protections, and the result is an inefficient legal morass that serves few benefits to society and has failed to keep up with the radical transformations in technology and culture of the last several decades. To reform and streamline our copyright system, the thinking goes, we need to get rid of our free-for-all regime of copyrightability and institute reasonable barriers to protection.
But what if these commentators are missing the forest for the trees, and America's frequently derided copyright regime is actually particularly well-suited to the digital age? Could copyright protections—applied universally at the moment of authorship—provide a level of autonomy that matches the democratization of authorship augured by the digital age?