Copyright law does not explicitly impose content-based restrictions on the copyrightability of works. As long as a work is original and fixed in a tangible medium of expression, it is entitled to copyright protection and eligible for registration, regardless of its content. Thus, child pornography, snuff films or any other original works of authorship that involve criminal activities are copyrightable. Such work can be highly profitable for its makers even though society does not necessarily benefit from, and might even be harmed by, the work. Along with revenue from sales, the author of an illegal work may also be able to collect damages for infringement. This scheme does not benefit society and should be revised. After examining how the current copyright regime deals with works involving illegal activity, this article suggests a new framework. First, I review the elements of copyright and consider existing content-based restrictions in copyright, trademark, and patent law. After evaluating whether copyright law should impose content-based restrictions on illegal works, and whether such impositions would be constitutional, I conclude that creators should not benefit from works that are linked to harmful criminal activities. I propose a new framework for the copyright of such works that de-incentives their creation by eliminating profits from the works themselves and reducing profits from the felon’s other works due to his or her notoriety, while also compensating victims.
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.