‘Profiting Off Infringement’

Kristelia Garcia, ‘Monetizing Infringement’, 54 University of California at Davis Law Review 265 (2020). It’s hard to imagine people tolerating intentional violations of their physical autonomy, never mind seeking to monetize such behaviors. But as Kristelia García argues in her new essay, ‘Monetizing Infringement’, many copyright owners find this strategy appealing. According to copyright’s standard narrative, infringement reduces the returns to creative effort and, thus, undermines authors’ incentives to produce new works. Here, however, García ‘destabilizes long-held but problematic assumptions about the interplay between copyright law’s purported goals and its treatment of infringement by challenging the received wisdom that rightsholders are necessarily anti-infringement’ … (more)

[Christopher J Buccafusco, JOTWELL, 29 July]

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