The Other Side of the Ledger: Blockchain Makes a New Entry in the Historical Record of Copyright Law and Technology

Copyright law continues to be in crisis due to its historical relationship with technology. Taking an Australian focus and a “ledger centric” view of the economy, the authors propose that copyright law has been challenged by technology in two distinct ways. First, advances in production technologies allow for new forms of creative expression – leading to legislative changes to enhance copyright coverage. Second, advances in information and communications technologies enable new types of storage and wider distribution of copyright material – leading to legislative changes to overcome enforcement issues. Blockchain technology does not have an obvious historical parallel as it is not a production or information and communications technology. Specifically, blockchain is an institutional technology that reveals new possibilities for governing copyright rights. The authors conclude by discussing the implications of blockchain technology’s new entry into the historical record of copyright law and technology.