Ginsburg, Jane C. “Copyright and Control over New Technology of Dissemination.” Columbia Law Review 101 (2001): 1613- 1647.
Ginsburg discusses the implications of new technology and copyright law, mainly outlining her argument in three parts. She contends that the relationship between copyright and culture is nuanced as the shift of balance and control is consistently in flux. She focuses on control under copyright (and in this aspect, among other examples cites court rulings either in or out of favor for copyright owners) as well as discussing the availability of new technology. She discovers a pattern that is important to understanding the relationship between copyright and culture. Her main contention is that when copyright owners want to eliminate a new type of mass distribution by means of technology courts rule out of favor of copyright owners. Contrastingly when owners want to participate in the new dissemination courts lean towards more copyright control. This article serves as one case study in helping us understand this relationship between Copyright and Culture by specifically pointing to previous court decisions and laws passed as well to new technology and its influence. This article reveals an irony of thought when it comes to the courts and that original intentions when it comes to copyright owners somehow have worked in their favor.