Federal Communications Law Journal

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Publication Citation

62 Federal Communications Law Journal 541 (2010)


Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted.

While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have tried to eliminate this problem through tort actions; perhaps a simpler system exists.

Perhaps, taking another note from comic-book heroes, the best way to solve a problem is not to fight through it, but instead find an acceptable middle ground so that all benefit. This note proposes such a middle ground, an economic solution that will charge user-generated content websites for their use of copyrighted content allowing such websites to remain viable and provide their services while providing copyright holders the financial compensation they deserve.