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- Title
EQUITABLE ESTOPPEL AND INFORMATION COSTS IN CONTEMPORARY COPYRIGHT.
- Authors
Van Houweling, Molly Shaffer
- Abstract
The failure of the contemporary copyright system to provide clear notice of the existence of copyrights and the identity of copyright owners leaves even the most well-meaning actors vulnerable to infringement actions and dire remedies. This Article describes how the doctrine of equitable estoppel has sometimes been deployed to address these information cost problems by requiring the actor in the best position to communicate about the existence of rights to do so. Renewed focus on equitable estoppel in the wake of the Supreme Court's decision in Petrella v. Metro-Goldwyn-Mayer, Inc., may present new opportunities to apply the doctrine in this useful way.
- Subjects
UNITED States; COPYRIGHT; EQUITABLE estoppel lawsuits; INTELLECTUAL property infringement laws; INTELLECTUAL property lawsuits; METRO-Goldwyn-Mayer Inc.
- Publication
Lewis & Clark Law Review, 2019, Vol 23, Issue 2, p553
- ISSN
1557-6582
- Publication type
Article