BREWSTER KAHLE v. JOHN ASHCROFT
America has had two distinct systems of copyright regulation since the founding. The first, established in 1790 and in effect until 1978, was an opt-in system of regulation. The second, effected through a series of statutory changes beginning in 1976, and continuing through today, is an opt-out system of regulation.
Kahle has filed his appeal with the 9th Circuit Court of Appeals. Kahle lost in District Court alleging that the change in the copyright system from the prior to 1976 system requiring the author to take action to opt-in for copyright protection to attached to the post 1976 standard of copyright being attached at the point of fixation in a tangible medium. This has resulted in all works obtaining copyright protection and Kahle alleges preventing society from benefitting from the arts.
The principal question raised by this appeal is whether this change from an opt-in to an opt-out system of copyright qualifies as a change in a
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