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Blocking Copyrights Revisited

"This Article suggests that courts revisit copyright law’s treatment of unauthorized improvers and utilize key principles of a blocking copyrights doctrine in the remedies stage of an infringement action. Specifically, this Article argues that courts should use the relief granted to copyright plaintiffs as a vehicle to allow for a more nuanced, principled approach to infringement by unauthorized derivative authors. This Article suggests criteria for when and how courts should incorporate into their remedies determinations features of the law that more appropriately account for the contributions of improvers, thereby effecting important aspects of a blocking copyrights doctrine, if not wholesale adoption of it."

Kelly Casey Mullally, Blocking Copyrights Revisited, 37 Columbia Journal of Law & the Arts 57 (2013)

Copyright law’s constitutional mandate is to advance artistic progress for the public good by granting authors a set of exclusive rights.


mullally_kelly, ip litigation, casey_kelly, copyright, patent