Judicial Regulation of Digital Copyright Windfalls

Details

Author(s):
  • Peter S. Menell
Publish Date:
May 3, 2012
Publication Title:
Viacom v. YouTube and UMG Recordings v. Shelter Capital Partners Media Institute, May 3, 2012
Format:
Op-Ed or News Article
Citation(s):
  • Peter S. Menell, Judicial Regulation of Digital Copyright Windfalls: Making Interpretive and Policy Sense of Viacom v. YouTube and UMG Recordings v. Shelter Capital Partners, Media Institute, May 3, 2012.

Abstract

Nearly a decade after the emergence of user-generated content (UGC) websites, appellate courts finally rendered their interpretation of the applicability of the Digital Millennium Copyright Act’s (DMCA) safe harbor with respect to such entities during the past several months. These much-anticipated decisions highlight the difficulties of interpreting copyright law in a rapidly evolving technological age. They also indicate how the risk of highly disproportionate liability can distort statutory interpretation.