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HEADLINE: BASIC PRINCIPLES FOR MANAGING INTELLECTUAL
PROPERTY IN THE DIGITAL ENVIRONMENT

PRINCIPLE 9

9. New rights and protections should be created cautiously and only so far as experience proves necessary to meet the Constitutional provision for a limited monopoly to promote the "Progress of Science and useful Arts."

 

Sui generis protections should be considered with extreme care and only after an adequate body of case law has accumulated to define the dimensions of what is at stake. Extension of copyright to new classes of works should be regarded with skepticism until it is demonstrated that the extension affirms the traditional balance between owners and users, and care should be taken to consider whether other bodies of law might be more appropriate vehicles for the protection sought and what the consequences of such applications might be.