Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2008 Tolerated Use Tim Wu Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Intellectual Property Law Commons Recommended Citation Tim Wu, Tolerated Use, COLUMBIA JOURNAL OF LAW & THE ARTS, VOL. 31, P. 617, 2008; COLUMBIA LAW & ECONOMICS WORKING PAPER NO. 333 (2008). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1534 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. The Center for Law and Economic Studies Columbia University School of Law 435 West 116th Street New York, NY 10027-7201 (212) 854-3739 Tolerated Use Tim Wu Working Paper No. 333 May, 2008 Do not quote or cite without author’s permission. This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://papers.ssrn.com/paper.taf?abstract_id=1132247 An index to the working papers in the Columbia Law School Working Paper Series is located at: http://www.law.columbia.edu/lawec/ Tolerated Use Tim Wu† Introduction “Tolerated use” is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated use of copyrighted works. Such patterns of mass infringement have occurred before in copyright history, though perhaps not on the same scale, and have usually been settled with the use of special laws, called compulsory licensing regimes, more familiar to non-copyright scholars as liability rules.