Emory Law Journal Volume 69 Issue 4 2020 Can Copyright Law Protect People from Sexual Harassment? Edward Lee Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Edward Lee, Can Copyright Law Protect People from Sexual Harassment?, 69 Emory L. J. 607 (2020). Available at: https://scholarlycommons.law.emory.edu/elj/vol69/iss4/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact
[email protected]. LEEPROOFS_4.30.20 4/30/2020 10:01 AM CAN COPYRIGHT LAW PROTECT PEOPLE FROM SEXUAL HARASSMENT? Edward Lee* ABSTRACT The scandals stemming from the sexual harassment allegedly committed by Harvey Weinstein, Roger Ailes, Les Moonves, Matt Lauer, Bill O’Reilly, Charlie Rose, Bryan Singer, Kevin Spacey, and many other prominent figures in the creative industries show the ineffectiveness of Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace, in protecting artists and others in the creative industries. Among other deficiencies, Title VII does not protect independent contractors and limits recovery to, at most, $300,000 in compensatory and punitive damages. Since many people who work in the creative industries, including the top actors, do so as independent contractors, Title VII offers them no protection at all. Even for employees, Title VII’s cap on damages diminishes, to a virtual null, the law’s deterrence of powerful figures in the creative industries—some of whom earned $300,000 in less than a week.