From Andrew Noyes' National Journal article covering 9th Circuit rock star Alex Kozinksi's take on fair use:

"Current copyright law leads us to two unsatisfactory choices when someone makes a derivative work that the original author won't license," he complained. "Fair-use doctrine doesn't help because however nuanced our analysis, you can only have one result or the other. There's nothing in between." Kozinski recommended a new copyright regime "so that if you use someone else's work to make profits, or in such a way as to reduce the copyright owner's ability to make a profit, you would be held accountable," he said.

Would this be the equivalent of a sort of eBay v. Mercexchange for copyright? But at the same time as it offers damages remedies as an alternative to injunctions, it would expand liability? Interesting. Here is the webcast.

posted by Solveig Singleton @ 8:11 AM | Access: Commons, Fair Use, Orphan Works, Public Domain

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