COMPUTER SCIENCE & TECHNOLOGY: Copyright in Computer-Readable Works: U.S. DEPARTMENT OF COMMERCE, Juanita M. Kreps, Secretary Dr. Sidney Harman, Under Secretary Jordan J. Baruch, Assistant Secretary for Science and Technology NATIONAL BUREAU OF STANDARDS, Ernest Ambler, Acting Director Issued October 1977 National Bureau of Standards Special Publication 500-17 CODEN: XNBSAV KF 3024 U.S. GOVERNMENT PRINTING OFFICE For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 ABSTRACT The findings, recommendations, and conclusions of a policy-oriented, multi-disciplinary study of copyright in computer-readable works are reported. The foundations of copyright are examined for basic principles, and the theory of public goods is applied to develop the rationale for copyright protection. The judicial history of copyright in the twentieth century is reviewed with respect to advances in information technology. The impact of technological change on judicial decisionmaking in copyright is analyzed. The problem of transaction costs in the marketplace for copyrighted works is examined and methods for the reduction of such costs are described. Models of policymaking are developed which clarify the roles of interest groups and the branches of Government, demonstrating their interactions and providing insights into possible futures. Recommendations on the conditions of copyrightability for computerreadable data bases and computer programs are presented and are based on findings of basic principles developed during the study and described in the report. Key Words: Computer; computer program; copyright; data base; economic efficiency; information technology; policy analysis; policymaking; public goods; technological change; transaction costs. NOTE The conclusions and recommendations of this report on the copyrightability of computer-readable data bases and computer programs are in no way intended to imply the copyrightability of any work of the United States Government excluded by law from such protection. |