Private Law Theory

INTRODUCTION
In ‘Restructuring Copyright Infringement’, Abraham Bell and Gideon Parchomovsky call for a ‘radical reform in the way copyright law assigns liability’. The authors propose to split copyright infringement into three distinct categories – inadvertent, standard, and willful – and to tailor the remedies offered to the copyright holder in each case. Under this system, the inadvertent infringer would be subject to less severe penalties than the standard and willful infringer. Overall, this proposal is interesting, timely, and contains a good deal of common sense. However, is it truly a ‘radical’ proposal? In my opinion, the article’s recommendations do not go far enough …

Patrick R Goold, A Radical Restructuring? A Response to Bell and Parchomovsky, ‘Restructuring Copyright Infringement’, 98 Texas Law Review 679 (2020) (2021) 99 Texas Law Review 208.

First posted 2021-05-07 14:00:49