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4 - The Criminal Copyright Gap*

Published online by Cambridge University Press:  04 August 2018

Eldar Haber
Eldar Haber
Affiliation:
University of Haifa, Israel
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Summary

Chapter IV examines the hypothesis that copyright is undergoing a paradigm shift toward criminal-oriented law. It reviews enforcement and practical use of the legislative increase of criminal copyright by presenting statistics on filings and prosecution of criminal copyright cases following the initial enactment of criminal copyright in the United Kingdom and the United States. After establishing that the ongoing legislative process of copyright criminalization is not being enforced, or at least not to the extent expected considering the marked expansion of criminal legislation, I search for possible explanations for what I term the criminal copyright gap, namely the gap between the scope of criminal copyright liability/penalties and the infrequency of prosecution/punishment.
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Criminal Copyright , pp. 79 - 103
Publisher: Cambridge University Press
Print publication year: 2018

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