Reclaiming Copyright from Privacy: Public Interest in Use of Unpublished Materials

Although the primary justification for Anglo-American copyright law is a utilitarian economic incentive, copyright law is sometimes invoked to protect privacy in unpublished materials. These efforts may present obstacles to those seeking to access and convey information about matters of public interest. While the U.S. Copyright Act's fair use doctrine has generally been protective of access and expression interests relating to copyright-protected unpublished materials, some deficiencies in treatment are noted in this study of U.S. appellate court opinions. A companion doctrine, the public interest defense from the United Kingdom, is examined for what it could add to U.S. copyright jurisprudence.