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000042020 040__ $$aSzGeWIPO$$beng$$erda
000042020 041__ $$aeng
000042020 1001_ $$aMazzone, Jason
000042020 24503 $$aCopyfraud
000042020 264_1 $$a[Champaign, Illinois] :$$bUniversity of Illinois College of Law,$$c2005.
000042020 300__ $$a75 pages
000042020 336__ $$atext$$btxt$$2rdacontent
000042020 337__ $$aunmediated$$bn$$2rdamedia
000042020 338__ $$avolume$$bnc$$2rdacarrier
000042020 520__ $$aCopyfraud 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 copyfraud. 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. Copyfraud 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 copyfraud. 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.
000042020 525__ $$aPublished in : Brooklyn Law School, Legal Studies Paper, no. 40
000042020 650_0 $$aCopyright
000042020 650_0 $$aCopyright misuse
000042020 650_0 $$aPublic domain
000042020 650_0 $$aFraud
000042020 650_0 $$aLicensing
000042020 85641 $$uhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=787244$$yView this resource
000042020 904__ $$aJournal article
000042020 980__ $$aBIB