Tales of the Unintended in Copyright Law
Copyright law has been oft-criticized for its unintended consequences. This paper retells three “tales of the unintended” concerning the 1976 Copyright Act, the present U.S. copyright statute. The first tale focuses on fair use, the second on statutory damages, and the third on formalities. From these three tales, the paper draws five different morals that provide insights into the ongoing process of copyright reform. These insights will enable policymakers and commentators to rethink the ongoing and future development of copyright law.
Studies in Law, Politics and Society
Emerald Group Publishing Limited
Special Issue: Thinking and Rethinking Intellectual Property
Peter K. Yu,
Tales of the Unintended in Copyright Law,
Available at: https://scholarship.law.tamu.edu/facscholar/669