copyright management information?

I just had an article published by the Duke Law Journal (with Eugene Volokh). Despite the fact that we retained copyright, the editors apparently stripped out our copyright notice, and put their own copyright notice on the cover.

I have no intention of suing them, but it strikes me that this sort of situation may well violate new section 1202. The act was clearly deliberate, so it seems that liability would depend on whether the editors knew or should have known that doing this would "enable or facilitate" infringement. I don't expect they intended to infringe the copyright themselves, but I would also be willing to bet that they would grant reprint permission to our article without contacting us. Wouldn't this be "enabling infringement"?

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Thu Mar 25 1999 - 19:18:50 GMT