Stanford Center for Internet and Society

The power and ubiquity of personal computing and the Internet have enabled individuals—even impecunious amateurs—to create and communicate in ways that were previously possible only for well-funded corporate publishers. These individual creators increasingly copyright law—insisting on ownership of their rights and controlling the ways in which those rights are licensed to others. When the myriad individual authors empowered by today’s ubiquitous digital technology claim, retain, and manage their own copyrights, they exercise a degree of authorial autonomy that befits the Internet Age. But they simultaneously contribute to a troubling phenomenon I call “copyright atomism”—the fragmentation, proliferation, and customization of the exclusive rights bestowed by copyright law. The costs associated with atomism threaten the underlying purpose of copyright—to spur the creation and dissemination of works of authorship for the ultimate benefit of the public. In this project I aim to place contemporary copyright atomism in historical and doctrinal context by documenting copyright law’s previous encounters with fragmented, proliferating, and idiosyncratic ownership. Along the way I examine how copyright law has encouraged, discouraged, and managed the consequences of atomism. This history demonstrates the enduring relevance of my concerns within copyright policy, highlights countervailing interests, and provides some lessons about how to alleviate the unfortunate consequences of atomism—and how not to. Drawing on the lessons of this history, I offer and assess potential solutions, asking whether they address the difficulties posed by atomism without unduly sacrificing author autonomy or other important copyright values.