George Mason University Antonin Scalia Law School

Taking a Whack at the DMCA: The Problem of Continuous Re-Posting

By Steven Tjoe

On Thursday March 13, the House Judiciary Committee held a hearing on the Digital Millennium Copyright Act’s (DMCA) notice and takedown system.  Among the witnesses testifying at the hearing was CPIP Fellow Professor Sean O’Connor (Washington University School of Law), who offered his insights on Section 512 from his unique position as a law professor, former musician, and counsel to web businesses.  Read more

Crowdfunding's Impact on Start-Up IP Strategy

By Sean M. O’Connor*

Crowdfunding has been heralded as a revolutionary and democratic way to connect ordinary individuals with innovative projects they would like to support. The version involving equity investments in start-ups will be regulated under the U.S. JOBS Act of 2012. Read more

The Failure of the DMCA Notice and Takedown System

using a laptopToday, CPIP released an important new policy brief, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem, by Professor Bruce Boyden of Marquette University Law School.  Professor Boyden argues that the DMCA notice and takedown system is outdated and not up to the task of reducing the availability of infringing copies of creative works.  Read more

The Internet Does Not Reset the Copyright-Free Speech Balance

Today, CPIP released an important new policy brief, “The Internet Does Not Reset the Copyright-Free Speech Balance,” by Sean O’Connor, Professor of Law at the University of Washington School of Law in Seattle.  Professor O’Connor argues that “the First Amendment and copyright law maintain the same complementary relationship in cyberspace that they have in regular space.”   Read more

How Copyright Drives Innovation in Scholarly Publishing

[Cross posted at Truth on the Market]

Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” Read more