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32 Cardozo Arts & Ent. L.J. 1 (2013-2014)

handle is hein.journals/caelj32 and id is 1 raw text is: REPUBLICAN STUDY COMMITTEE POLICY BRIEF: THREE MYTHS ABOUT COPYRIGHT LAW AND WHERE TO START TO FIX IT- EDITOR'S NOTE The following report was written by Derek S. Khanna, at the time a congressional staffer with the House Republican Study Committee (RSC), and was published by the RSC on November 17, 2012. The RSC placed the report on their website and an e-mail was sent to approximately 165 Members of Congress and their staff with this official report. Within twenty-four hours of its publication, the RSC removed the report from its website but did not issue a formal retraction. As a result of the events following publication of the report, Mr. Khanna no longer works for the RSC. What follows is the text of that report, exactly as published, followed by Mr. Khanna's reflections on the report and the response it received. INTRODUCTION ................................................. 2 I. THE PURPOSE OF COPYRIGHT IS TO COMPENSATE THE CREATOR OF THE CONTENT ............................................ 2 II. COPYRIGHT IS FREE MARKET CAPITALISM AT WORK.................... 2 III. THE CURRENT COPYRIGHT LEGAL REGIME LEADS TO THE GREATEST INNOVATION AND PRODUCTIVITY . ................ 3 A. Current Status of Copyright Law ................... 4 B. Can We Ever Have Too Much Copyright Protection? ......... 4 1. Retarded the Creation of a Robust DJ/Remix Industry.. 5 2. Hampered Scientific Inquiry .................... 5 3. Stifled the Creation of a Public Library ............ 6 4. Discouraged Added-Value Industries ...... ....... 7 5. Penalized Legitimate Journalism and Oversight...... 7 IV. POTENTIAL POLICY SOLUTIONS ...............8............8 A. Reform Statutory Damages ...........8.........8 B. Expand Fair Use ................. ..... ......... 8 C. Punish False Copyright Claims..................... 8 * Permission is hereby granted for noncommercial reproduction of this Article in whole or in part for education or research purposes, including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies. 1

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