45 Syracuse L. Rev. 999 (1994)
Twin Evils: Government Copyright and Copyright-Like Controls over Government Information

handle is hein.journals/syrlr45 and id is 1027 raw text is: TWIN EVILS: GOVERNMENT COPYRIGHT AND
COPYRIGHT-LIKE CONTROLS OVER
GOVERNMENT INFORMATION
Robert M. Gellmant
CONTENTS
INTRODUCTION    ................................. 1000
I. THE JURISPRUDENTIAL AND STATUTORY BACKGROUND . 1006
A. The Dangers of Political Control over Information . 1006
1. Information and Democracy    .............. 1006
2. Information and Economics: Legi-Tech v. Keiper 1013
3. Information and Politics: Is All
Information Political? ................... 1019
B. The Legal Framework ..................... 1023
1. The Copyright Act of 1976  ............... 1023
2. The Freedom of Information Act ........... 1027
C. Policy Interplay and Policy Failures ........... 1033
1. FOIA and Copyright Conflicts: State Open
Record Laws ......................... 1033
2. The Failure of the FOIA: SDC v. Mathews .... 1036
III. METHODS AND MOTIVES FOR GOVERNMENT CONTROLS ON
INFORMATION .............................. 1046
A. Copyright-like Methods of Agency Information
Controls  ...............................           1047
1. Regulating Use Through License Agreements
and Royalties ......................... 1047
2. Limiting Access to Selected Recipients ....... 1048
3. Denying or Delaying Access to Digital Versions
t B.A. 1970, University of Pennsylvania. J.D. 1973, Yale Law School.
The author thanks Timothy Sprehe, Henry Perritt, Jr., David Plocher, Paul Schwartz,
and Peter Weiss for their criticism of earlier drafts.
Much of this article was drafted while the author served as Chief Counsel,
Subcommittee on Information, Justice, Transportation, and Agriculture, House Committee
on Government Operations. As a result, the text of this article is in the public domain
pursuant to § 105 of the Copyright Act of 1976. The views expressed are solely those of
the author.

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