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Full-Text Articles in Social and Behavioral Sciences
Foreseeability And Copyright Incentives, Shyamkrishna Balganesh
Foreseeability And Copyright Incentives, Shyamkrishna Balganesh
All Faculty Scholarship
Copyright law’s principal justification today is the economic theory of creator incentives. Central to this theory is the recognition that while copyright’s exclusive rights framework provides creators with an economic incentive to create, it also entails large social costs, and that creators therefore need to be given just enough incentive to create in order to balance the system’s benefits against its costs. Yet, none of copyright’s current doctrines enable courts to circumscribe a creator’s entitlement by reference to limitations inherent in the very idea of incentives. While the common law too relies on providing actors with incentives to behave in …
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
The Electronic Fabric Of Resistance : A Constructive Network Of Online Users And Activists Challenging A Rigid Copyright Regime, Kwang-Suk Lee
The Electronic Fabric Of Resistance : A Constructive Network Of Online Users And Activists Challenging A Rigid Copyright Regime, Kwang-Suk Lee
Faculty of Arts - Papers (Archive)
The study examines the autonomous activities of South Korea’s Internet users to counter the new intellectual property (IP) regime, specifically, how Internet users and civil rights groups joined together early in 2005 to construct a widespread network of resistance against the 2004 Copyright Act, and how the two camps interacted with each other. During the first quarter of 2005, Internet users’ counter-activities to the copyright law were spontaneous and voluntarily interconnected to each other without any help from the civil rights movement. The users’ activities sprang spontaneously from anger that the government’s IP regime would deprive them of their rights …