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Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that in order to achieve copyright's goal of maximizing cultural production, this dominant story of infringement's costs requires alongside it a counter-story identifying the rare but important instances where copyright infringement enhances social welfare. Part I explains the need for an account of the novel notion of efficient copyright infringement. Other types of unlawful conduct may also be beneficial, but copyright in particular warrants exploration of efficient infringement because maximizing creative production requires some level of unauthorized use, and because copyright's political economy tilts in favor of expanding owners' rights. Part II explores efficient copyright infringement's domain, showing that unauthorized use of protected works of authorship will be prosocial where traditional private ordering is unavailable (or strongly undesirable) to facilitate a given use, and where that use is welfare-enhancing. Part III outlines broadly how a law of efficient copyright infringement might look. It first explains how the Copyright Act has failed to fully account for beneficial unauthorized use. It then considers a variety of ways that copyright damages could be structured to better accommodate efficient infringement. The Article concludes by situating this argument in the context of a growing literature that explores the surprising and underappreciated upside of unauthorized use of copyrighted works of authorship.

So far, technological advances have encouraged the formation of new patterns of life, with creative and innovative ideas, concepts, and thoughts. In the music industry, for example, various digital media and virtual concert venues have developed as a form of breakthrough in dealing with various obstacles due to the Covid-19 pandemic. Virtual concerts are interesting to study because they allow the Author to announce his creation for the first time as the basis for the existence of a Copyright and perform musical performances, including choreographed works. However, on the other hand, it eases other people to fix or record the virtual concert without permission, then distribute it for commercial purposes. In this regard, normatively, the Copyright Law has norms to prohibit such illegal acts. Having said this, this research is addressed to examine how the regulation and implementation of the Copyright Law is for the choreographic works performed in Virtual Music Concerts. The type of research utilizes normative juridical with empirical juridical support. In the perspective of legal certainty, the results of the study conclude that choreographic works do not include works that are managed by the National Collective Management Organization's potential royalty revenue, as is the case with song and/or musical creations. Therefore, to achieve legal certainty in copyright protection, the authority of the National Collective Management Organization needs to be broadened to include the management of royalties for the use of choreographic works for commercial purposes which has implications for the revision of the Copyright Law and Government Regulation No. 56/2021.

Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk of the loss. Most of these rationales have been applied at one time or another to copyright law. This Article considers whether it is appropriate to reconsider strict liability in copyright, particularly in the context of today's cut and paste' digital culture. The Author outlines some potential options for reform to mitigate the harshness of the doctrine inappropriate circumstances.

This dissertation discussed the ISP's duty of care in copyright infringement. The duty hereon refers to the ISP's legal obligation to take care of the influence of the provided service on the protection of others' copyright. The duty is divided into three sub-categories: the duty of general prevention, the duty of assistance in specific infringement and the duty to deal with repeated infringement. In order to provide a comprehensive and systematic explanation of the duty, four main aspects are logically discussed: the background, the status quo, the justification, and the specific application. In addition to the traditional mechanism of notice and take down, it is asserted that the ISP should play a more active role in dealing with the users' online infringement. In particular, the ISP should be imposed on a legal obligation to keep neutral actually and to have general control of the infringing activities through their service. Thereby, the application of the filtering technologies should not be refused as a whole, but should be limited from the perspective of the purpose, the scope as well as the efficacy. Accordingly, the fundamental orientation of the Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market is supported by this dissertation. At the same time, it is recommended to adopt the application of the duty of general prevention on the ISPs providing platforms instead of recognizing the service itself as communicating to the public.

Fire Rings