Copyright Renewal Fees

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. Derek Bambauer says:

    Could you explain further how this doesn’t violate Berne’s prohibition on formalities? Thanks!

  2. Gerard Magliocca says:

    Well, I think that if you allow people to have copyright protection without registering, that’s enough. In effect, you have copyright and “copyright plus,” with the latter requiring renewal fees to pay for special privileges.

  3. TJ says:

    Why wouldn’t it just become a disincentive to registering in the first place? That is, my intuitive response would be to not register my copyright until I have an infringer to sue, and if the work proves valuable enough that I am going to sue someone (with all the attendant costs that make renewal fees, even relatively high ones, a rounding error), then obviously I will keep renewing that copyright after I have that information. Same question for patents–it seems the primary result of taking your suggestion to increase maintenance fees to exorbitant levels would be to increase the number of submarine patents.