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

          Thursday, December 01, 2016

          Thinkers & Doers: November 2016

          BIG NEW JOBS IN D.C. -- Prof Price’s Op-Ed in the Washington Post -- ALUMNUS TAKES THE BRONZE -- Prof Cohen in High Times -- THE FUTURE OF ENVIRONMENTAL LAW -- Prof Hazard talks “imputation” -- PROF WILLIAMS GOES VIRAL -- and so much more.
          Monday, November 28, 2016

          Market Street for the Masses Coalition Confers “Good Neighbor” Status on UC Hastings Development Project

          Long Range Campus Plan calls for development and rehabilitation of up to 1120 units of campus housing over the next 5 to 10 years
          Tuesday, November 22, 2016

          Lainey Feingold ’81 discusses her new book on Structured Negotiation and her tactics in dispute resolution

          UC Hastings alumna Lainey Feingold ’81 speaks with Professor Sheila Purcell about her new book
          Thursday, November 17, 2016

          Leah Chen Price ‘10 delivers hope for victims of human trafficking and human rights violations

          Using her legal education and passion for advocacy, UC Hastings alumna Leah Chen Price gives victims of human trafficking and human rights violations a chance for a better future.
          Friday, November 11, 2016

          Students support the troops with clinical legal services for San Francisco’s Senior Veterans

          The Medical-Legal Partnership for Seniors- Veterans Project enables UC Hastings students to give back to San Francisco’s Veterans by providing free legal services to those who have given so much for their country.
          Go to News Archive