Willamette Law Review, Vol. 50, No. 1, 2013
Widener Law School Legal Studies Research Paper No. 14-04
The primary goal of this Article is three-fold
(1) to explore the role of the innocent infringer archetype historically and in the digital age;
(2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and
(3) to offer a legislative fix in the form of safe harbor for direct innocent infringers.
Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, cognizable market harm.
On Monday, November 8th, TechDirt.com reviewed my law review article titled Sampling, Looping & Mashing … Oh My! How Hip Hop Music is Scratching More Than the Surface of Copyright Law in its post “Time To Remix Copyright Law: The Hip Hop Case Study,” by TechDirt.com’s Mike Masnik.
In the article, I argue that copyright law is ill-suited when applied to music generally, and genres like hip hop in particular simply because of the way music is created. Outfits like TechDirt.com have been arguing the same thing for decades and is a leader in the “it’s just how music is made” camp to reform copyright laws to optimize benefits for all parties involved.
My article will appear in The Fordham Intellectual Property, Media & Entertainment Law Journal’s Spring 2011 issue. Fordham’s journal is the number one ranked entertainment, arts and sports law journal, and the number sixth ranked intellectual property law journal. IPLJ articles have been read into the Congressional Record, as well as cited in the Court of Appeals for the Second Circuit and in amicus briefs to the U.S. Supreme Court as well as cited recently by the high court itself in the Bilski decision.
Founded in 1997 by Floor64 founder Mike Masnick and then growing into a group blogging effort, the Techdirt blog uses a proven economic framework to analyze and offer insight into news stories about changes in government policy, technology and legal issues that affect companies ability to innovate and grow.