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Judicial Regulation of Digital Copyright Windfalls


Publication Date: 
May 03, 2012
Op-Ed or News Article
Bibliography: Peter S. Menell, Judicial Regulation of Digital Copyright Windfalls: Making Interpretive and Policy Sense of Viacom v. YouTube and UMG Recordings v. Shelter Capital Partners, Media Institute, May 3, 2012.


Nearly a decade after the emergence of user-generated content (UGC) websites, appellate courts finally rendered their interpretation of the applicability of the Digital Millennium Copyright Act’s (DMCA) safe harbor with respect to such entities during the past several months. These much-anticipated decisions highlight the difficulties of interpreting copyright law in a rapidly evolving technological age. They also indicate how the risk of highly disproportionate liability can distort statutory interpretation.