Historically, a copyright holder had to claim. And today there is no doctrinal reason to exempt copyright from claiming. I offer a modest proposal that seeks to balance these interests: a copyright holder should have to claim an interest in her work, and if she doesn’t, users of the work should be able to rely on an innocent infringer defense when facing a claim for infringement. To explore more fully the proposition that a copyright holder should have to claim an interest in her work, this Article progresses in four parts. Part I explores the foundations and reasons for public claiming of the intangible copyright. Part II traces the history of formalities in the United States. Part III outlines the problems that have arisen because we no longer require claiming. And Part IV contextualizes and discusses my proposal to incentivize copyright holders to claim their works and to reinvigorate the innocent infringer defense.
The export option will allow you to export the current search results of the entered query to a file. Different
formats are available for download. To export the items, click on the button corresponding with the preferred download format.
By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.
To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export.
The amount of items that can be exported at once is similarly restricted as the full export.
After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.