Equitable Estoppel and Information Costs in Contemporary Copyright

Authors

Molly Shaffer Van Houweling, University of California, Berkeley School of Law

First Page

553

Abstract

The failure of the contemporary copyright system to provide clear notice of the existence of copyrights and the identity of copyright owners leaves even well-meaning actors vulnerable to infringement actions and severe remedies. This Article describes how the doctrine of equitable estoppel has sometimes been used to address these informationcost problems by requiring the actor best positioned to communicate about the existence of rights to do so. Renewed focus on equitable estoppel in the wake of the Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., may present new opportunities to apply the doctrine in this useful way.

Recommended Citation

Molly S. Van Houweling, Equitable Estoppel and Information Costs in Contemporary Copyright, 23 Lewis & Clark L. Rev. 553 (2019).
Available at: https://lawcommons.lclark.edu/lclr/vol23/iss2/3