Document Type
Article
Abstract
This article will discuss the de minimis doctrine in light of its current (and often varied) application in several important cases. While the focus will remain on infringements occurring in electronic media, the application of the analysis is by no means limited to that area alone. This article concludes by proposing the addition of a notice rule within the current copyright scheme. This rule would bar a would-be infringer from raising a de minimis defense once access to the copyrighted work at issue has been conclusively proven. The notice rule would encourage early negotiation of an optimal licensing arrangement between an infringer and a copyright holder.
Recommended Citation
Matthew C. Lucas,
The De Minimis Dilemma: A Bedeviling Problem of Definitions and a New Proposal for a Notice Rule,
4 J. Tech. L. & Pol'y
(1999).
Available at: https://scholarship.law.ufl.edu/jtlp/vol4/iss3/3