Examining Copyright

Forthcoming, Journal of the Copyright Society of the USA

97 Pages Posted: 6 May 2022

See all articles by Zvi S. Rosen

Zvi S. Rosen

Southern Illinois University School of Law

Date Written: May 4, 2022

Abstract

Patent and trademark examination have been the study of substantial study, and yet no comparable study has been done of copyright examination, and this piece attempts to remedy this. This piece presents a history of copyright examination, empirical data and findings on what has been rejected over the past sixty years, and a proposal based on these findings for improving the efficiency of the copyright registration system going forward. Following the Supreme Court's decision in the 4th Estate case there has been new concern about reducing examination times, and I propose a system which would make examination automatic for types of works with low rejection rates, upon the filing of an affidavit which would make clear that the work has no unusual features which would tend to lead to rejection. Other types of works, most notably works of graphic/visual arts and design, would continue to be examined as before.

Keywords: copyright

Suggested Citation

Rosen, Zvi S., Examining Copyright (May 4, 2022). Forthcoming, Journal of the Copyright Society of the USA, Available at SSRN: https://ssrn.com/abstract=4099976 or http://dx.doi.org/10.2139/ssrn.4099976

Zvi S. Rosen (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

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