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Creation without RestraintPromoting Liberty and Rivalry in Innovation$
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Christina Bohannan and Herbert Hovenkamp

Print publication date: 2012

Print ISBN-13: 9780199738830

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199738830.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

How Copyright Has Been Captured and Why It Matters

How Copyright Has Been Captured and Why It Matters

(p.133) 6 How Copyright Has Been Captured and Why It Matters
Creation without Restraint

Christina Bohannan

Herbert Hovenkamp

Oxford University Press

This chapter introduces the problem of special-interest influence and overbreadth in copyright law. Clearly Congress is stuck. Over the past few decades it has tended to listen only to rights holders and not users, and innovation suffers. One important result of legislative capture in copyright is the virtual absence of any serious harm requirement for many instances of copyright infringement, particularly where derivative works and fair use are concerned.

Keywords:   copyright law, special interests, innovation, legislative capture, serious harm, copyright infringement, fair use

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