A Radical Restructuring? A Response to Bell and Parchomovsky

Abstract

In Restructuring Copyright Infringement, Abraham Bell and Gideon Parchomovsky call for a “radical reform in the way copyright law assigns liability.” The authors propose to split copyright infringement into three distinct categories—inadvertent, standard, and willful—and to tailor the remedies offered to the copyright holder in each case. Under this system, the inadvertent infringer would be subject to less severe penalties than the standard and willful infringer. This response considers the strengths and weaknesses of the proposal

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