Corrective Justice and Copyright Infringement
45 Pages Posted: 26 Mar 2013 Last revised: 6 Apr 2015
Date Written: 2014
This article demonstrates that one important goal of copyright infringement cases is the achievement of corrective justice. The importance of corrective justice to the copyright system is demonstrated by the law’s continual reliance on a bilateral litigation model. Sadly, because scholars and lawmakers often conceive of copyright in solely economic terms, corrective justice is often overlooked and demonstrable unfairness occurs as a result. The article discusses three areas of contemporary copyright law where the failure to consider corrective justice leads to unfair outcomes (the provision of statutory damages in civil copyright claims, the availability of attorney fees, and mass copyright settlements).
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