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I have complained more than once over the past few years that the copyright law is complicated, arcane, and counterintuitive; and that the upshot of that is that people don't believe that the copyright law says what it does say. People do seem to buy into copyright norms, but they don't translate those norms into the rules that the copyright statute does; they find it very hard to believe that there's really a law out there that says the stuff the copyright law says.


This is an excerpt reprint of "Copyright Noncompliance (or why we can't "Just say yes" to licensing)" originally published in 29 N.Y.U.J.INT'L L. & POL. 237 (1997). Reproduced with permission. All rights reserved.