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Corrective Justice and Copyright Infringement

Goold, P. (2014). Corrective Justice and Copyright Infringement. Vanderbilt Journal of Entertainment and Technology Law, 16(2), pp. 251-295.

Abstract

This Article demonstrates that one important goal of copyright infringement cases is the achievement of corrective justice. The importance of corrective justice to the copyright system is demonstrated by the law’s continual reliance on a bilateral litigation model. Sadly, because scholars and lawmakers often conceive of copyright in solely economic terms, corrective justice is often overlooked and demonstrable unfairness occurs as a result. This Article discusses three areas of contemporary copyright law where the failure to consider corrective justice leads to unfair outcomes: the provision of statutory damages in civil copyright claims, the availability of attorney’s fees, and mass copyright settlements.

Publication Type: Article
Additional Information: Reprinted with permission of the Vanderbilt Journal of Entertainment and Technology Law.
Subjects: K Law
Departments: The City Law School > Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/20415
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