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Articles 1 - 30 of 38
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Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
American University International Law Review
The ease of travel in the globalized, modern world is a doubleedged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed …
Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha
Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha
Fordham Intellectual Property, Media and Entertainment Law Journal
Creative communities often rely on social norms to regulate the production of creative content. Yet while an emerging body of literature has focused on isolated accounts of social norms operating in discrete, small-scale creative industries, no research to date has explored the social norms that pervade the world’s largest content microcosm—the sprawling video game community.
Now a veritable global phenomenon, the video game industry has recently grown to eclipse the music and motion picture industries. But despite its meteoric rise, the video game industry has provoked little attention from copyright scholars. This Article is the first to explore the shifting …
Imaginary Bottles, Jessica Litman
The Past And Future Of The Internet: A Symposium For John Perry Barlow
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
University of Massachusetts Law Review
Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make, …
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
Maine Law Review
The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …
Copyright’S Other Functions, Margaret Chon
Copyright’S Other Functions, Margaret Chon
Chicago-Kent Journal of Intellectual Property
This response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as …
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Journal of Intellectual Property Law
No abstract provided.
When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden
Journal of Intellectual Property Law
No abstract provided.
Computer Bulletin Boards And The Green Paper, Timothy F. Bliss
Computer Bulletin Boards And The Green Paper, Timothy F. Bliss
Journal of Intellectual Property Law
No abstract provided.
What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
Akron Intellectual Property Journal
While the literature on social norms as online regulators has achieved some prominence in the cyberlaw area, there is still scant examination of particular online norms and of the ways in which norms interact with other forms of regulation. The aim of this article is to reverse that trend by providing a detailed examination of one apparently emerging norm in the blogosphere-the norm against "hijacking" a blog post by hyperlinking to another blog in the comment feed for the original blog post. For example, consider a situation where Blogger A posts her advice for cooking a souffle and allows readers …
Reconsidering Copyright’S Constitutionality, Graham J. Reynolds
Reconsidering Copyright’S Constitutionality, Graham J. Reynolds
Osgoode Hall Law Journal
In 1996, in Compagnie Générale des Établissements Michelin – Michelin & Cie v National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) [Michelin], Justice Teitelbaum of the Federal Court (Trial Division) held both that specific provisions of the Copyright Act did not infringe the right to freedom of expression as protected under the Canadian Charter of Rights and Freedoms and that, even if they did, these provisions could be justified under s 1 of the Charter. Since Michelin, these conclusions have been treated by Canadian courts as settled. The purpose of this paper is to challenge these conclusions …
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Journal of Intellectual Property Law
No abstract provided.
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Touro Law Review
No abstract provided.
Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar
Pace Intellectual Property, Sports & Entertainment Law Forum
The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach
Buffalo Intellectual Property Law Journal
Continuing advances in consumer information technology have made video editing, once difficult, into a relatively simple matter. The average consumer can easily create and edit videos, and post them online. Inevitably many of these posted videos incorporate existing copyrighted content, raising questions of infringement, derivative versus transformative use, fair use, and parody.
This article looks at several such works, with its main focus on one category of examples: the Downfall Hitler meme. Downfall Hitler videos take as their starting point a particular sequence - Hitler's breakdown rant - from the 2004 German film Der Untergang [Downfall in the US]. The …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, …
Websites And Intangible Asset Amortization Under 26 U.S.C. § 197: A Marriage That Bears Little Fruit, Christopher H. Bowen
Websites And Intangible Asset Amortization Under 26 U.S.C. § 197: A Marriage That Bears Little Fruit, Christopher H. Bowen
Marquette Intellectual Property Law Review
Websites are not only an important part of our electronic lives, they are an important financial and business asset in their own right. With the growth of the internet as a commercial, informational, and recreational resource, companies utilize websites as an important part of their corporate financial portfolio and structure. The increased value of websites that comes from this growth has made websites a valuable asset that companies seek to use as they would other business assets. One important consideration is how the value of websites will be treated upon sale or exchange. In other words, is the website an …
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Journal of Business & Technology Law
No abstract provided.
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman
Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman
Intellectual Property Brief
No abstract provided.
A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely
A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely
Vanderbilt Journal of Transnational Law
Copyright law presents visually impaired persons with serious barriers to access of the written word. A recent international effort seeks to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works. While bodies like the World Blind Union--through several South American states--have presented draft treaties to the World Intellectual Property Organization (WIPO), to date the interested parties have not found a mutually agreeable solution. This Note surveys international intellectual property law as it relates to the problem, draws a comparison to the humanitarian concerns entangled with international patent law, and tracks the …
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
West Virginia Law Review
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Reason For Musicians To Fret: Copyright Infringement In Online Guitar Tablature, Laura E. Gary
A Reason For Musicians To Fret: Copyright Infringement In Online Guitar Tablature, Laura E. Gary
Vanderbilt Journal of Entertainment & Technology Law
Part I of this note will specifically address guitar tablature and how it differs from more traditional methods of copying musical works. Part I will also discuss derivative works and fair use in detail, setting out the statutory provisions and the relevant case law establishing and analyzing both these claims. Part II addresses the lack of legal precedent for copyright infringement in guitar tabs and devises a possible solution to the question of whether or not guitar tabs infringe copyrighted musical works. Specifically, this note concludes that the appropriate answer to that question is that guitar tabs are infringing derivative …
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing
Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing
Marquette Intellectual Property Law Review
This Article addresses the status of cyber copyright disputes in the People's Republic of China with an inside view of the government's influence and control over copyrighted works. Examining cyber copyright case law, the authors seek to answer the question of whether China's 2001 Copyright Law will lead to an increase in royalty payments under a fair distribution system. The need for equitable, consistent enforcement is pressing, as the proliferation of copyrighted material through mobile phone and Internet use is rapidly increasing. In China, all current-affairs news first flows through state-run news organizations. Thus, in order to post the news, …
Anti-Circumvention: Has Technology's Child Turned Against Its Mother?, Terri B. Cohen
Anti-Circumvention: Has Technology's Child Turned Against Its Mother?, Terri B. Cohen
Vanderbilt Journal of Transnational Law
Because its function is to protect and support innovation, copyright has been deemed a child of technology. Yet, as copyright laws increase the scope of protection for copyrighted material, one may wonder when such protection will begin to stymie, rather than encourage, emerging technology. The global trend toward internationalizing copyright protection has resulted in the World Intellectual Property Organization (WIPO) Copyright Treaty, which was intended, in part, to bring international copyright protection into the digital age. The treaty, however, extends traditional copyright protections by including a requirement that member nations implement anti-circumvention provisions into their laws.
Great debate has emerged …