Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of Law All Faculty Scholarship Faculty Scholarship January 2008 Warming Up to User-Generated Content Edward Lee IIT Chicago-Kent College of Law,
[email protected] Follow this and additional works at: https://scholarship.kentlaw.iit.edu/fac_schol Part of the Intellectual Property Law Commons Recommended Citation Edward Lee, Warming Up to User-Generated Content, 2008 U. Ill. L. Rev. 1459 (2008). Available at: https://scholarship.kentlaw.iit.edu/fac_schol/358 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact
[email protected],
[email protected]. LEE.DOC 9/3/2008 4:50:06 PM WARMING UP TO USER-GENERATED CONTENT Edward Lee* Conventional views of copyright law almost always operate from the “top down.” Copyrights are understood as static and fixed by the Copyright Act. Under this view, copyright holders are at the center of the copyright universe and exercise considerable control over their exclusive rights, with the expectation that others seek prior permission for all uses of copyrighted works outside of a fair use. Though pervasive, this conventional view of copyright is wrong. The Copyright Act is riddled with gray areas and gaps, many of which persist over time, because so few copyright cases are ever filed and the majority of those filed are not resolved through judgment.