Journal Home Browse Issues Search Articles Submissions About the Journal Copyright Fixation Podcast Subscribe Go back to Issues NEW TECHNOLOGY/NEW COPYRIGHT POLICY: THANKS TO THE "BALANCE" DISCOURSE? 72 J. COPYRIGHT SOC'Y 175 (2025) Lokesh Vyas Ph.D. candidate, SciencesPo, Paris. Abstract Is copyright law a naked emperor whose garments are shed every few years or decades when a new technology comes into the market? From printing presses to generative AI, history reveals a recurring impulse to adjust copyright law with new technological advancements. Does technology strip copyright bare, or is this a result of a well-regulated discourse that makes it look so? Using Foucauldian ideas, this short essay problematizes this pervasive “new technology, new copyright policy” trend, arguing that it stems from the “balance” discourse – a pervasive mode of thinking that has become dominant in the last few recent decades that frames copyright as a zero-sum tool mediating between authors’ rights and the public interest. Full Article Vyas 72(1)Download Related Content Journal May 1, 2026 HOW LONG DOES IT TAKE FOR COPYRIGHT LAW TO CATCH UP WITH TECHNOLOGY? SOME DATA POINTS FROM THE MUSIC INDUSTRY 73 J. Copyright Soc'y 213Download Bill Rosenblatt, Howie Singer Creativity & Technology Collide Creativity, Culture & the Arts Music, Musicals & Performing Arts Technology, Innovation & the Future Journal December 21, 2025 C+T Panel 2 - A THOUSAND TIMES NO: THE PRACTICALITIES OF OPT-OUT FOR AI TRAINING 72 J. Copyright Soc'y 1023 (2025)Download Adam Rendle, Daan Archer, Ali Sternburg, Thomas Sullivan AI & Copyright Copyright + Technology Conference Creativity & Technology Collide Technology, Innovation & the Future Journal December 21, 2025 C+T Panel 4 - MY OWN THREE HANDS: AI CONTENT CREATION TOOLS AND COPYRIGHT REGISTRATION 72 J. Copyright Soc'y 1071 (2025)Download Charity Gates, Maria Backman, Zac Cooper Cooper, Gili Karev, Dori Ann Hanswirth AI & Copyright Copyright + Technology Conference Creativity & Technology Collide Technology, Innovation & the Future