A reimagined approach to copyright enforcement from a regulator’s perspective

Abstract

In a copyright system designed in the public interest, what would enforcement and dispute resolution look like? Since we appear to be in the midst of a knock-down-drag-out fight over copyright enforcement which has persisted for over two decades, this qualifies as a hard question. It is inconceivable however that anyone who set out, with a blank slate, to design mechanisms for copyright enforcement in the public interest would come up with anything like our present system. Copyright enforcement is plagued with inconsistency and injustice affecting both creators and (accused and proven) infringers. At least in some parts of the