Wednesday, October 30, 2013

          Professor Ben Depoorter and Robert Kirk Walker '13 Examine "False Positives" in Copyright Enforcement

          Professor Depoorter collaborated with a former student on the new article, forthcoming from Notre Dame Law Review.
          Ben Depoorter

          Ben Depoorter

          UC Hastings Professor Ben Depoorter and Robert Walker ‘13 examine the implications and dangers of enforcement “false positives” in the area of copyright.

          Applying new technologies, copyright holders increasingly sweep the net to detect alleged infringements and issue takedown notices. As the authors demonstrate, these largely automated enforcement processes fail to take into account the fine contours of copyright law and the rights reserved to the public (fair use, etc.).

          Overbroad copyright enforcement chills freedom of expression, inflates litigation costs, and bogs down a system already mired with complexities and challenges. The article, forthcoming in Notre Dame Law Review Volume 89 in 2014, explains the trend of copyright enforcement false positives and offers policy recommendations and solutions.

          From the Abstract

          Copyright enforcement is riddled with false positives. A false positive occurs when enforcement actions are taken against uses that are not actual infringements. Far from benign occurrences, copyright false positives inflict significant social harm in the form of increased litigation and transaction costs, distortions of licensing markets through rent-seeking behavior, increased piracy due to diminished public adherence with copyright law, and the systemic erosion of free speech rights and the public domain.

          To combat this problem, this Article analyzes the causes that give rise to false positives, as well as their legal and social effects, and offers policy recommendations targeted at mitigating the damage of false positives. These policy recommendations include heightening the registration requirements to include a substantive review of all copyright claims; the promulgation of regulations dictating that copyright registrations be periodically renewed; and revision to the statutory damage provisions of the Copyright Act in order to encourage litigation that would help to excise false positives from the copyright corpus.

          About the Authors

          Professor Ben Depoorter is a graduate of Yale Law School (L.L.M., J.S.D.). He also holds a JD (1999) and PhD (2003) from Ghent University and a Master's degree from the University of Hamburg (2001). Depoorter received the Roger Traynor scholarship prize at UC Hastings in 2011. He currently holds the Roger J. Traynor Research Chair at UC Hastings and is an Affiliate Scholar at the Stanford University Center for Internet & Society. Professor Depoorter's scholarly interests include the enforcement of copyright law, property law theory, technology and intellectual property law, with an emphasis on behavioral research.

          Robert Kirk Walker is an Affiliate Scholar and Research Fellow with the Technology and Privacy Project at UC Hastings College of the Law.

          ##

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Tuesday, February 20, 2018

          UC Hastings Teams Power Their Way Through Regional & National Competitions

          The Trial Teams, Moot Court Teams, and Client Counseling Teams all celebrate victories and awards this past month at the regional and national level.
          Friday, February 16, 2018

          Patrick Barry '94 Takes COO Role at Legal Tech Startup Logikcull

          The cloud-based eDiscovery software company brings Barry back to business as a tech executive after a two-year sabbatical.
          Thursday, February 01, 2018

          Thinkers & Doers: January 2018

          Inaugural Exhibition of the McEvoy Foundation for the Arts – Professor Viswanathan co-authors SSRN’s "Top Paper of 2017" – When Deportation is a Death Sentence – A project to “restate” copyright law – Alum named 2018 Antitrust Lawyer of the Year – Posh Hotels & Swanky Cocktails in the Tenderloin – Calling out racists actually good for health – Bay Area Corporate Counsel Winners – and much more
          Monday, January 29, 2018

          Justice Lidia Stiglich '95 Brings Compassion to the Bench

          She is taking a “people-centric” approach as the first openly gay justice to serve on the Nevada Supreme Court.
          Thursday, January 18, 2018

          1L Cindy Muro Receives Scholarship for Domestic Violence Advocacy

          A survivor of abuse herself, Muro now strives to do everything in her power to help people help themselves and create a platform for individuals to be heard.
          Go to News Archive