Private Law Theory

Abstract:
Copyright is a strict liability regime under which any infringer, whether innocent or intentional, is liable for infringement. In this Article, the Authors argue that strict liability is neither justified nor necessary in copyright law, but rather is rooted in deeply flawed historical, conceptual, and economic misconceptions about intellectual property in general and copyright in particular. Worse, strict liability is affirmatively harmful to copyright’s utilitarian goals of providing incentives to authors to create, and providing greater public access to works of authorship. For these reasons, the Authors call for Congress to abolish copyright’s harsh strict liability regime and to substitute in its stead a liability regime that fairly accounts for the culpability of infringers.

Ciolino, Dane S. and Donelon, Erin Ann, Questioning Strict Liability in Copyright (April 29, 2002). Rutgers Law Review, Vol. 54, No. 351, 2002; Loyola University New Orleans College of Law Research Paper.

First posted 2013-05-01 06:23:54