The Future of Criminal Enforcement of Copyright: The Promise of Civil Enforcement

Abstract. This Article will consider the intersection of copyright and
criminal law, exploring the complexity of using criminal penalties to
enforce intellectual-property laws. It will review how criminal law has
been applied in the field of copyright and demonstrate that criminal
enforcement of copyright law suffers from inherent deficiencies.
Meanwhile, civil-enforcement mechanisms targeting copyright
infringement have developed significantly in the last two decades,
providing new frameworks aimed at addressing the emerging
challenges of the digital environment. Enhanced civil mechanisms
adapted to the digital age offer an alternative to criminal procedures,
the use of which has steadily declined. While it is questionable
whether the civil enforcement frameworks have accomplished their
goals of promoting deterrence and efficient redress, they contribute
to a powerful package, alongside new business models and
educational efforts, that replaces the need for public enforcement via
criminal law. This Article will discuss a few notable civil-enforcement
measures and schemes: the notice-and-takedown procedure,
algorithmic enforcement by platforms, statutory damages, and the
newly established copyrights small claims court.