Re: copyright management information?

On 03/25/99, Mark Lemley <mlemley[_at_]mail.law.utexas.edu>
>
> 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"?

I wasn't aware there was a new Section 1202, and a quick look at the statute posted on the Copyright Office's website still shows chapter 11 as the last chapter. Can you please provide a pointer to this section?

-- 
Barbara Friedman
<blfriedman[_at_]bryancavellp.com>