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- Title
Raising the Bar and the Public Interest: On Prior Restraints, "Traditional Contours," and Constitutionalizing Preliminary Injunctions in Copyright Law.
- Authors
Newman, John M.
- Abstract
The article focuses on issues related to the standard test to apply in granting preliminary injunctions in copyright-infringement lawsuits. It suggests that the U.S. Supreme Court's test, used in eBay Inc. v. MercExchange LLC and Winter v. Natural Resources Defense Council, should be uniformly applied by lower courts in deciding copyright preliminary-injunction request. It contends that free-speech concerns regarding the Court's approach can be mitigated through its careful application.
- Subjects
UNITED States; PRELIMINARY injunctions; COPYRIGHT infringement; COPYRIGHT; EBAY Inc. v. MercExchange LLC; WINTER v. Natural Resources Defense Council (Supreme Court case); FREEDOM of speech; UNITED States. Supreme Court
- Publication
Virginia Sports & Entertainment Law Journal, 2011, Vol 10, Issue 2, p323
- ISSN
1556-9799
- Publication type
Article