Law Commons^™

Copyright Trolls And Presumptively Fair Uses, Brad A. Greenberg

University of Colorado Law Review

The "troll" label, long a staple of the patent system, had little connotation and even less application in the copyright context until 2010. That is when the so-called copyright troll emerged to acquire unenforced copyrights being infringed in the digital marketplace. Trolls threaten to chill speech and discourage innovation by exploiting copyright incentives without contributing to the market for creative works. Yet, despite the copyright troll's conspicuous arrival, little scholarship has discussed how trolls undermine copyright policy goals or potential measures for mitigating the harms they impose. This Article is the first to hone in on the fair use doctrine …