Apostolos Chronopoulos, ‘Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels’

INTRODUCTION
… In this Article, I argue that the tort of copyright infringement constitutes a mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting the progress of science and the useful arts, as instructed by the Intellectual Property Clause of the Constitution. Indeed, copyright infringement is structured to mirror trespass upon property, while the fair use doctrine operates as a negligence standard optimizing activity levels involving some form of dealing with an earlier work – such as incremental authorship, critical commentary, news reporting, or the development of new technologies – which the exclusive right in that work is not supposed to suppress … (more)

Apostolos G Chronopoulos, ‘Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels’ Nebraska Law Review volume 97 (2018), issue 2.

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