Tehranian, John.Infringement Nation: Copyright Reform and the Law/Norm Gap 2007
Utah Law Review 537


There is a vast disparity between copyright law and copyright norms. The new generation of users views intellectual properties as “the raw material for its own creative acts, blurring the lines that have long separated producers from consumers.” (p540) “We are, technically speaking, a nation of constant infringers.” (p543). Tehranian uses the example of the fictional “Professor John” to demonstrate (pp543-548).

“By making even more obscure works profitable, the “long tail” has also exacerbated matters by extending what might be dubbed the “long copyright chastity belt”. Enforcement has become increasingly worthwhile for a growing number of copyright holders, making copyright law relevant to any growing number of creators and, concomitantly, users…Finally, by facilitating superior tracking of the use of copyrighted works, technology is now forcing us to address the uncomfortable and ultimately unteneable law/norm disparity…The expanded enforcement of copyright laws precipitated by the P2P revolution has forced us to reexamine the rationality of our reigning intellectual property regime.” (pp 548-549).

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