Re: copyright management information?

On 3/25/99, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> 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 wouldn't let this go. Law review editors, especially at the top schools, can be terribly arrogant despite their ignorance. They know not and they know not that they know not.

John Allison
allisonj[_at_]mail.utexas.edu. Received on Mon Mar 29 1999 - 04:35:14 GMT