Remedying the Statutory Damages Remedy for Secondary Copyright Infringement Liability PDF Download
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Author: Stephanie Berg
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 70
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Author: Stephanie Berg
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 70
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Author: Michael A. Carrier
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
One of the areas of copyright law in most desperate need of reform is statutory damages. And while damages awards against direct infringers have received most of the attention, the effect on secondary infringers threatens to be far more detrimental for innovation. This submission to the Department of Commerce's Internet Policy Task Force consists of a 3-page outline, followed by a 15-page book chapter (Innovation for the 21st Century paperback, Oxford University Press, USA (2011)). It makes three points. First, applying statutory damages to secondary infringers is not necessary to fulfill the purposes for which the remedy was adopted. Statutory damages are not needed to ensure adequate compensation since copyright owners can show the amount of damages. And they are not needed to deter infringement since copyright owners are able to obtain actual damages. The submission also explains how statutory damages of as much as $150,000 for each infringed work threaten unique harm as applied to secondary infringers that are pushed into settlement or bankruptcy or that might not even be able to appeal given large bond requirements. Second, statutory damages harm innovation. But these harms are extremely difficult, if not impossible, to discern. It is difficult to find precise evidence of stifled innovation when the innovation fails to reach the market, when observers cannot engage in counterfactual analysis, and when litigated cases are only the tip of the iceberg. In my article, “Copyright and Innovation: The Untold Story,” I documented harms to innovation from statutory damages, as exacerbated by secondary liability law and personal liability, but this evidence is available only from detailed interviews. Third, Congress should exempt secondary infringers from statutory damages. Such a (long-overdue) revision would acknowledge that, in the context of secondary liability, statutory damages are not needed to assure adequate compensation, not needed to deter infringement, and harmful to innovation.
Author:
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 0
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Author: John Tehranian
Publisher:
ISBN: 0199733171
Category : Law
Languages : en
Pages : 320
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Book Description
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
ISBN: 0989219380
Category : Law
Languages : en
Pages : 238
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Book Description
A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Author: Melville B. Nimmer
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages :
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Author: J. Benjamin Bai Et Al.
Publisher: Northwestern JTIP
ISBN: 1257747843
Category :
Languages : en
Pages : 167
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Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610279093
Category : Law
Languages : en
Pages : 357
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Book Description
The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 3, January 2013, include: • Article, “Politicians as Fiduciaries,” by D. Theodore Rave • Book Review, “Is Copyright Reform Possible?” by Pamela Samuelson • Note, “The SEC Is Not an Independent Agency” In addition, student research explores Recent Cases on the Fourth Amendment implications of “pinging” a GPS signal on a cellphone, the First Amendment and mandatory tobacco graphic warnings, the First Amendment and police impersonation statutes, whether software method claims are patent ineligible, and other research.
Author: Margery R Hilko
Publisher: Routledge
ISBN: 1000338959
Category : Law
Languages : en
Pages : 276
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Book Description
New innovations are created every day, but today’s business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.
Author: Lionel Bently
Publisher: Cambridge University Press
ISBN: 0521193435
Category : Law
Languages : en
Pages : 503
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Book Description
An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?
