Chapter

How Copyright Has Been Captured and Why It Matters

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint

Published in print January 2012 | ISBN: 9780199738830
Published online May 2012 | e-ISBN: 9780199932702 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199738830.003.0007
How Copyright Has Been Captured and Why It Matters

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This chapter introduces the problem of special-interest influence and overbreadth in copyright law. Clearly Congress is stuck. Over the past few decades it has tended to listen only to rights holders and not users, and innovation suffers. One important result of legislative capture in copyright is the virtual absence of any serious harm requirement for many instances of copyright infringement, particularly where derivative works and fair use are concerned.

Keywords: copyright law; special interests; innovation; legislative capture; serious harm; copyright infringement; fair use

Chapter.  14300 words. 

Subjects: Competition Law

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