Copyfraud

Ordi­nary people and even the elderly, the deceased and young chil­dren have been taken to court over various copy­right issues however when groups falsely assert copy­right over works in the public domain public private parties cannot bring civil action to these mis­users for what­ever damages they may have caused. I’ve seen exam­ples of falsely asserted copy­right own­er­ship during some of my high school English classes where we studied some of the various works of Shake­speare, whose work has been in the public domain for many years. Reprints of works in the public domain, remain, in the public domain. Same goes for any work, whether lit­er­a­ture, com­po­si­tions, artwork and so forth.

Found via the EFF, Pro­fes­sor Jason Mazzone at Brook­lyn Law School wrote some­thing on this topic. You can read more about it here.

Most impor­tantly I find:

Con­gress should amend the Copy­right Act to allow private parties to bring civil causes of action for false copy­right claims. Courts should extend the avail­abil­ity of the copy­right misuse defense to prevent copy­right owners from enforc­ing an oth­er­wise valid copy­right if they have engaged in past copy­fraud. In addi­tion, Con­gress should further protect the public domain by cre­at­ing a national reg­istry listing public domain works and a symbol to des­ig­nate those works. Failing a con­gres­sional response, there may exist reme­dies under state law and through the efforts of private parties to achieve these ends.

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