Add to ORKGJudges and jurists orthodoxly view copyright infringement as a singular legal wrong, a.k.a. the tort of copyright infringement. In recent years, commentators have expressed mounting concern about the judicial test for this tort. Courts have no unified method for determining whether two works are substantially similar. The fair use doctrine is so unpredictable that some find it nothing more than the “right to hire a lawyer.” And while some judges treat infringement as a property tort, like trespass or conversion, others think of it as an economic tort, like unfair competition. Scholars therefore find the test for infringement—copyright’s “infringement analysis”—to be inconsistent and incoherent. This Article provides a revised positive th...
This essay examines the tort of copyright infringement. It argues that the ideas of harm and faul...
The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus o...
Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of tr...
Determining whether a copyright has been infringed is often straightforward in cases involving verba...
Traditionally courts have place great weight on the issue of substantial similarity in adjudicating ...
Central to modern copyright law is its test for determining infringement, famously developed by Judg...
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law req...
This Article demonstrates that one important goal of copyright infringement cases is the achievement...
Copyright law employs a one-size-fits-all strict liability regime against all unauthorized users of ...
The interaction between music and law is unique to copyright litigation. Music is “commonly regarded...
Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” ar...
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts...
This Note argues that courts’ emphasis on the ordinary observer test to prove illicit copying in fil...
Using the lens of the cognitive bias literature, this Article examines and critiques the “reasonable...
Every intellectual property (“IP”) right has its own definition of infringement. In this Article, we...
This essay examines the tort of copyright infringement. It argues that the ideas of harm and faul...
The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus o...
Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of tr...
Determining whether a copyright has been infringed is often straightforward in cases involving verba...
Traditionally courts have place great weight on the issue of substantial similarity in adjudicating ...
Central to modern copyright law is its test for determining infringement, famously developed by Judg...
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law req...
This Article demonstrates that one important goal of copyright infringement cases is the achievement...
Copyright law employs a one-size-fits-all strict liability regime against all unauthorized users of ...
The interaction between music and law is unique to copyright litigation. Music is “commonly regarded...
Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” ar...
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts...
This Note argues that courts’ emphasis on the ordinary observer test to prove illicit copying in fil...
Using the lens of the cognitive bias literature, this Article examines and critiques the “reasonable...
Every intellectual property (“IP”) right has its own definition of infringement. In this Article, we...
This essay examines the tort of copyright infringement. It argues that the ideas of harm and faul...
The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus o...
Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of tr...