This Note proposes a solution to this problem, based on a combination of two existing structures: copyright
heterogeneity and copyright formalities. n11 Copyright heterogeneity describes structures that permit different types of
copyright protection to be chosen by a content creator; today, copyright heterogeneity is achieved primarily through the
use of form licenses that permit certain free uses of a work (for example, the Creative Commons licenses). Copyright
formalities are steps -- such as inclusion of a copyright notice or registration with a national copyright office -- that must
be taken by content creators to secure protection for their works. Although formalities once operated to substantially
limit the number of works protected by copyright law, they have been relegated to an inferior status over time. Today,
they operate only to limit enhanced damages or prevent certain evidentiary presumptions.
Parts II and III explore copyright heterogeneity and copyright formalities, respectively, as structures that mitigate or
could mitigate the overprotection problem. These structures are examined with respect to their feasibility, the extent to
which they address overprotection, and their potential fallbacks. Part IV proposes two schemes that combine Creative
Commons licensing (a genre of copyright heterogeneity) with copyright registration (a copyright formality). The first of
these schemes involves a modest change to the copyright registration process, while the second creates a more
ambitious public-private copyright registration system. Part V concludes with a look toward the future.
II. HETEROGENEITY