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Some experts compare the federal government’s deregulation of air travel to its
management of the airwaves used for television and radio broadcasts and wireless
communication. The government asserts that the airwaves are publicly owned, but issues
licenses to private companies for their use. Since 1943, the Federal Communications
Commission (FCC) has issued analog broadcast licenses to television and radio stations
and required them to broadcast content of public interest. The FCC also has the authority
to revoke licenses or levy fines against media outlets that broadcast content it considers
indecent or inappropriate.

Until 1994, the FCC allocated commercial spectrum—a range of frequencies designated
for commercial use—based on its view of the “best public use.” Since then, however, the
FCC has awarded licenses to the highest bidders in competitive auctions. This change has
allowed wireless technology to proliferate and has catalyzed the creation of several new
digital media outlets.42
Copyright and Intellectual Property. The U.S. Constitution grants Congress the power “to
promote the progress of science and useful arts, by securing for limited times to authors
and inventors the exclusive right to their respective writings and discoveries.” The result
has been a system of federal copyrights and patents that guarantees inventors and those
who generate intellectual property the exclusive rights to sell, license, and use their
creations during a specified term.
U.S. courts have found that because copyright is intended to encourage the production of
creative works, the public’s interest in gaining access to those works may supersede the
interests of their creators. These rulings have been formalized into a system of “fair use”
laws which allow some copyrighted materials to be used in related or derivative works. For
example, under the Copyright Act of 1976, an author may copy portions of another
author’s work without permission in order to critique the work or make a related
argument. Additionally, the owner of a copy of a copyrighted work may make copies for
his or her personal use, such as a backup copy of a compact disc (CD).

Digital reproduction has made the enforcement of copyrights more difficult. To protect
themselves, many producers of digital video discs (DVDs) and CDs now incorporate digital-
rights management (DRM) technology that prevents the unauthorized copying of movies
and songs. In 1998, Congress passed the Digital Millennium Copyright Act, which
criminalized the production and distribution of technology designed to circumvent DRM
and increased penalties for internet copyright infringement. The law has prevented the sale
of some technologies, such as specially designed DVD-copying machines, and critics say it
has also chilled the legitimate use of copyrighted materials.

In 2005, the Supreme Court ruled in Metro-Goldwyn-Mayer Studios Inc. v. Grokster that an
online service that allowed users to download unlicensed copies of copyrighted materials
could be sued for inducing copyright infringement. The ruling caused several online file-
sharing services to either close or alter their business practices to discourage the sharing
of copyrighted materials.
Also debated is the matter of what information may be copyrighted. The Database and
Collections of Information Misappropriation Act, now pending in Congress, would permit
the copyrighting of aggregated factual data, such as databases of names and addresses.
This measure would make it easier for the creators of databases to earn money. However,

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