Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus operates in a legal environment developed primarily in the 1970s. Consequently, many innovative and groundbreaking ideas are stymied by legal conceptions that seem out of date in cyberspace. The result is excessive legal liability and disproportionate ramifications on innovation.
Avoiding the Next Napster: Copyright Infringement and Investor Liability in the Age of User Generated Content,
Mich. Bus. & Entrepreneurial L. Rev.
Available at: http://repository.law.umich.edu/mbelr/vol4/iss2/4