Copyfraud

Research output: Contribution to journalReview article

Abstract

Copyfraud is everywhere. False copyright notices appear on modern reprints of Shakespeare's plays, Beethoven's piano scores, greeting card versions of Monet's Water Lilies, and even the U.S. Constitution. Archives claim blanket copyright in everything in their collections. Vendors of microfilmed versions of historical newspapers assert copyright ownership. These false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the "owner's" permission, result in users seeking licenses and paying fees to reproduce works that are free for everyone to use. Copyright law itself creates strong incentives for copy fraud. The Copyright Act provides for no civil penalty for falsely claiming ownership of public domain materials. There is also no remedy under the Act for individuals who wrongly refrain from legal copying or who make payment for permission to copy something they are in fact entitled to use for free. While falsely claiming copyright is technically a criminal offense under the Act, prosecutions are extremely rare. These circumstances have produced fraud on an untold scale, with millions of works in the public domain deemed copyrighted, and countless dollars paid out every year in licensing fees to make copies that could be made for free. Copy fraud stifles valid forms of reproduction and undermines free speech. Congress should amend the Copyright Act to allow private parties to bring civil causes of action for false copyright claims. Courts should extend the availability of the copyright misuse defense to prevent copyright owners from enforcing an otherwise valid copyright if they have engaged in past copy fraud. In addition, Congress should further protect the public domain by creating a national registry listing public domain works and a symbol to designate those works. Failing a congressional response, there may exist remedies under state law and through the efforts of private parties to achieve these ends.

Original languageEnglish (US)
Pages (from-to)1026-1100
Number of pages75
JournalNew York University Law Review
Volume81
Issue number3
StatePublished - Jun 2006
Externally publishedYes

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  • Law

Cite this

Copyfraud. / Mazzone, Jason.

In: New York University Law Review, Vol. 81, No. 3, 06.2006, p. 1026-1100.

Research output: Contribution to journalReview article

Mazzone, J 2006, 'Copyfraud', New York University Law Review, vol. 81, no. 3, pp. 1026-1100.
Mazzone, Jason. / Copyfraud. In: New York University Law Review. 2006 ; Vol. 81, No. 3. pp. 1026-1100.
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