Copyright, Literally
Document Type
Article
Publication Date
12-2023
Journal Title
AIPLA Quarterly Journal
ISSN
0883-6078
Abstract
The Copyright Act is a statute, but courts seldom treat it as one. Instead of relying on the precise language of the statute, courts often treat the Act as some general prohibition on plagiarism or copying writ large. This article argues for a different approach. It argues that courts should treat the Copyright Act like a statute and define a copyright owner's exclusive rights according to the precise language by which Congress defined those rights. The results are startling. Treating the Copyright Act as a statute, courts should define the exclusive rights far more narrowly than they currently and generally are.
Volume Number
51
Issue Number
4
Publisher
American Intellectual Property Law Association
Recommended Citation
Glynn Lunney,
Copyright, Literally,
51
AIPLA Q. J.
(2023).
Available at:
https://scholarship.law.tamu.edu/facscholar/2099