Bell and Parchomovsky, ‘Restructuring Copyright Infringement’

… In this Article, we propose a radically different liability regime predicated on the degree of the infringer’s blameworthiness. Concretely, we call for the establishment of three distinct liability categories – inadvertent, standard, and willful infringements – and tailor a specific menu of remedies for each of the categories. Under our proposal, inadvertent infringements would be remedied by compensatory damages only. Standard infringements would entitle copyright owners to a broader variety of monetary damages, including disgorgement of profits, and limited statutory damages, but typically no injunctive relief. Willful infringements would be addressed by the full variety of remedies available under the Copyright Act, including punitive statutory damages and injunctions …

Bell, Abraham and Parchomovsky, Gideon, Restructuring Copyright Infringement (Jan 1, 2019). Texas Law Review, forthcoming.

First posted 2019-06-05 06:22:05

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