Copyright scholar Ann Bartow proposes a Restatement of her field of expertise, an area dominated by one federal statute, the Copyright Act. One might have thought that the traditional Restatement attention to state rather than federal law and common law rather than statutes would disqualify copyright from restateability. But as other contributions to this Symposium observe, federal statutory law has long lain in the sights of restaters, and as Bartow shows, copyright is plenty “complicated,” disputed, and refashioned in the courts. Moreover, as Bartow argues, the place that Restatement of Copyright could occupy is now held by a for-profit treatise manifesting influences that, as we have seen above, the American Law Institute eschews. This article states a claim for the ALI that is consistent with, but also expansive of, the Institute’s mission.
Ann Bartow, A Restatement of Copyright Law as More Independent and Stable Treatise, 79 Brook. L. Rev. 457 (2014), http://digitalcommons.pace.edu/lawfaculty/935/.