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.

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