Digital Commons Network^™

Art-Iculating The Analysis: Systemizing The Decision To Use Visuals As Legal Reasoning, Ruth Anne Robbins, Steve Johansen

Ruth Anne Robbins

This Article first assumes that visuals belong and are ethically permitted in legal documents -- something explored by other authors -- and then begins to answer the questions of effective inclusion. The article explores the specific use of analytical visuals, which are those that do not attempt to prove what happened in a legal dispute, but instead help explain how the dispute should be resolved under the legal standards. Thus, the included analytical visual, when used effectively, creates a stronger understanding of the abstract legal analysis. The article suggests a taxonomy for categories of analytical visuals. It also acknowledges that …

Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comics Won The Day, Dallas F. Kratzer Iii

Dallas F Kratzer III

No abstract provided.

Criminal Copyright Enforcement Against Filesharing Services, Benton C. Martin, Jeremiah R. Newhall

Benton C. Martin

The high-profile prosecution of the popular online storage website Megaupload for criminal copyright infringement is the latest in a series of recent criminal prosecutions of online filesharing services. But what pushes a legitimate online file-storing business over the edge to criminal enterprise? How might criminal copyright enforcement differ materially from civil enforcement?

This article answers these questions and suggests guidelines for prosecutorial discretion. After a condensed history of criminal copyright law, we explain why "secondary" theories of infringement apply in the criminal, as well as civil, context and why the DMCA "safe harbor" defense is a red herring in criminal …

Only Part Of The Picture: A Response To Rebecca Tushnet's Worth A Thousand Words: The Images Of Copyright (125 Harv. L. Rev. 683), Zahr K. Said

Zahr K Said

Only Part of the Picture: A Response to Rebecca Tushnet’s Worth a Thousand Words: The Images of Copyright 125 HARV. L. REV. 683

Zahr K. Said

Professor Rebecca Tushnet’s Article elucidates a number of difficulties in copyright that flow from judicial failures to treat images consistently and rigorously. She argues that courts both assess copyrightability and evaluate potential infringement in ways that rely on a naïve understanding of the way artists create, and indeed, the way viewers receive works of art. The problem is particularly pronounced with respect to what Tushnet calls non-textual works because copyright law’s default to textuality …

Outlawed Art: Finding A Home For Graffiti In Copyright Law, Nicole A. Grant

Nicole A Grant

An intractable tension exists between the existence of graffiti as iconoclastic youth expression and the emergence of its recognition as an art form, and the boundaries of American copyright law. As graffiti gains more traction in the mainstream art world, copyright law has come to frame much of the discussion surrounding the rights that stem from (and that are overlooked by) the creation of these works. While graffiti is heralded for its uniqueness, it also thrives in a culture of appropriation that encourages dialogue among graffiti artists, in addition to establishing as the norm the pilfering of everyday cultural referents …

Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah L. Jordan

Sarah L Jordan

The Constitution guarantees that intellectual property will enter into the public domain after a limited time. However, the amount of time in which that happens for copyrighted works has been extended numerous times since the writing of the Constitution. While the Digital Millennium Copyright Act was not enacted by Congress to extend copyright protection limits, it has inadvertently granted unlimited protections to public domain films in digital formats. As early films begin to enter the public domain, a select few have the means to provide those films in digital format, but the public does not have the right to exploit …

Go To Our Website For More (Of The Same): Reassessing Federal Policy Towards Newspapers Mergers And Cross Media Ownership And The Harm To Localism, Diversity And The Public Interest, Jason Zenor

Jason Zenor

Newspapers are workhorse of local news industry and this information is important in order to have an informed citizenry. But, the conventional wisdom is that newspapers are an endangered species and that something drastic needs to be done if this form of media is going to survive. Many proactive solutions have been forwarded such as charging for online content, using tablet and smartphone technology to publish newspapers and making newspapers more assessable to younger and more diverse generations. Another more conceding solution is to allow for greater relaxation on newspapers mergers and cross media ownership rules. But, this solution would …

In The United States Talking Out Prevents Acting Out, David D. Butler

David D. Butler

No abstract provided.

“Technopanics, Threat Inflation, And The Danger Of An Information Technology Precautionary Principle”, Adam Thierer

Adam Thierer

Fear is an extremely powerful motivational force. In public policy debates, appeals to fear are often used in an attempt to sway opinion or bolster the case for action. Such appeals are used to convince citizens that threats to individual or social wellbeing may be avoided only if specific steps are taken. Often these steps take the form of anticipatory regulation based on the precautionary principle.

Such “fear appeal arguments” are frequently on display in the Internet policy arena and often take the form of a full-blown “moral panic” or “technopanic.” These panics are intense public, political, and academic responses …

Bleeeeep! The Regulation Of Indecency, Isolated Nudity And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …

Bleeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …

Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …

Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension (With P. Heald), Christopher J. Buccafusco

Christopher J. Buccafusco

The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation of …

Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor

Jonathan I. Ezor

In the fields of digital privacy and data protection in the business world, effective compliance and risk management require not only knowledge of applicable laws and regulations, but at least a basic understanding of relevant technologies and the processes of the company or other organization that is collecting and/or using the personal information or monitoring behavior. This book is structured to provide a framework for law and other students to both learn the law and place it in the necessary technological and practical context, divided into topic areas such as children’s privacy, health information, governmental requirements, employee data and more. …

Copyright Basics, B. Douglas Robbins

B. Douglas Robbins

In this paper we discuss the fundamentals of copyright law: what sort of works are protected by copyright, what sort of works are not protected, how copyright protection operates, the term of copyright protection, and what the consequences are for copyright infringement.

Comics, Courts & Controversy: A Case Study Of The Comic Book Legal Defense Fund, Marc H. Greenberg

Marc H. Greenberg

Abstract

Cartoons and comics have been a part of American culture since the formation of this nation. Throughout that lengthy history, comics and cartoons have also been a subject of controversy, censorship, legislation and litigation. They have been viewed as a threat to society, amid claims that they incite juvenile delinquency, and are scandalous, indecent and obscene.

This article is a case study of the work of the Comic Book Legal Defense Fund (CBLDF), a New York-based non-profit organization which provides legal defense for comic artists, collectors, distributors and retailers who find themselves facing civil and/or criminal penalties for the …

Individual Liberty And Self-Determination, Fabio Macioce

Fabio Macioce

In this essay I will try to demonstrate that the principle of self-determination is based on a formal and individualistic view of liberty rights. I also propose a different perspective that takes into account the relationships rather than the individual. I will show how this result can only be achieved through a different ascription of rights to individuals: in particular, I will try to demonstrate 1) that any social practices express specific values​​, 2) that these values ​​are the result of historical and cultural circumstances, 3) that they are subject to an ongoing public debate, and finally 4) that only …

"Put Colloquially, American Law Believes That Talking Out Prevents Acting Out." A First Amendment Primer, David D. Butler

David D. Butler

"Put Colloquially, American Law Believes that Talking Out Prevents Acting Out:" A Free Speech Primer argues that the Federal First Amendment, textually against Congress,and as incorporated by reference against the Several States, states a preference for (1) sanctioning harmful speech or expression in civil proceedings (2) rather than penalizing the speaker or actor in criminal prosecutions. The essay argues that whether in the 1988 theft of an unflattering painting of Chicago Mayor Harold Washington, titled "Mirth and Girth," by three Chicago aldermen from the Chicago Art Institute ranging to then president Clinton's perjury regarding his earlier sexual abuse of an …

The Rule Of Entertainment Law; Or Lack Thereof: Exposing The Diminishing Rule Of Law In The Entertainment Industry, Noah J. Wald

Noah J Wald

No abstract provided.

Down The Rabbit Hole: The Madness Of State Film Incentives As As "Solution" To Runaway Production, Adrian H. Mcdonald

Adrian H. McDonald

This working paper is a "sequel" to my first law review article on runaway productions called "Through the Looking Glass": Runaway Productions and "Hollywood Economics," published in The University of Pennsylvania Journal of Labor and Employment Law in August 2007.

Since 2007, there has been a race to the bottom as virtually every state has enacted significant, if not detrimentally generous, tax incentives to lure film and television production. The efficacy of these incentives is evaluated at length, with particular attention paid to the origin and implementation of tax incentives in California, Massachusetts and Louisiana - states with colorful backgrounds …

“Mystic Infallibility” And “Fancy Devices”: A Conceptual Analysis Of The Application Of The Frye Test, John F. Johnson Iii

John F Johnson III

The Frye test stood as the first widely used test to determine the admissibility of scientific evidence and stood as the majority test until the Supreme Court introduced the Daubert test in 1993. Despite taking a backseat, seventeen jurisdictions, including California, Florida, New York and Pennsylvania, continue to apply the Frye test. The Frye test holds that a when a party provides novel scientific evidence, that party must demonstrate the proffered evidence relies on principles, methodologies, and devices that are generally accepted by the relevant scientific community. Commentators frequently discuss the test’s general acceptance requirement, but ignore the preliminary issue …

Women And Pornography: The Reasons, The Benefits And The Risks, Guy Kochlani

Guy Kochlani

This Article examines the reasons why women enter the porn industry, the benefits of joining it and its risks. Specifically, this Article concentrates on the five major reasons why women enter the porn industry: 1) physical/sexual/mental abuse (reasons for building self-confidence and feeling important); 2) financial (last resort to earn money in a short time frame or building a business empire); 3) fame (believes that this is a stepping stone into Hollywood); 4) nymphomania (sexual addiction); and 5) human trafficking (forced in becoming a sex slave). In addition, this Article will lay out the benefits of entering such an industry, …

Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.

Terri R. Day

This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …

Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.

Terri R. Day

This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …

Korean Jury Trial: Has The New System Brought About Changes?, Jae-Hyup Lee

Jae-Hyup Lee

This paper describes the major driving forces behind the introduction of the jury system in Korea and general expectations the new system was meant to bring about. It seeks to determine whether the expected changes are actually occurring, what kinds of problems have arisen, and what implications can be drawn for the future based on the first two years of jury trial operations. Data for this study was drawn from statistics collected by the National Court Administration and the author’s own observations of the trials, as well as interviews with the presiding judges of the jury trials.

Exception From Informed Consent Requirements For Human Subjects In Emergency Medicine Research, Laura J. Sanger

Laura J Sanger

Research involving emergency care can present special issues with regards to obtaining informed consent. An emergency research subject may be considered a candidate for an emergency research under circumstances in which traditional informed consent can not be obtained before the therapeutic window for the research closes. In these cases there may be an exception for emergency research enrollment that waives traditional informed consent for participation in research. As informed consent forms a foundation for medical research studies, this waiver is predicated on very specific criteria. This paper explores the historical background for informed consent, the criteria for obtaining the waiver …

Down The Rabbit Hole: The Madness Of State Film Incentives As As "Solution" To Runaway Production, Adrian H. Mcdonald

Adrian H. McDonald

This working paper is a "sequel" to my first law review article on runaway productions called "Through the Looking Glass": Runaway Productions and "Hollywood Economics," published in The University of Pennsylvania Journal of Labor and Employment Law in August 2007.

Since 2007, there has been a race to the bottom as virtually every state has enacted significant, if not detrimentally generous, tax incentives to lure film and television production. The efficacy of these incentives is evaluated at length, with particular attention paid to the origin and implementation of tax incentives in California, Massachusetts and Louisiana - states with colorful backgrounds …

Down The Rabbit Hole: The Madness Of State Film Incentives As As "Solution" To Runaway Production, Adrian H. Mcdonald

Adrian H. McDonald

This working paper is a "sequel" to my first law review article on runaway productions called "Through the Looking Glass": Runaway Productions and "Hollywood Economics," published in The University of Pennsylvania Journal of Labor and Employment Law in August 2007.

Since 2007, there has been a race to the bottom as virtually every state has enacted significant, if not detrimentally generous, tax incentives to lure film and television production. The efficacy of these incentives is evaluated at length, with particular attention paid to the origin and implementation of tax incentives in California, Massachusetts and Louisiana - states with colorful backgrounds …

Thwack!! Take That, User-Generated Content!: Marvel Enterprises, Inc. V. Ncsoft Corp., Carl M. Szabo

Carl M Szabo

Dear Madam or Sir: As seen in the attached note, I am to make two contributions. First, I address the issue of copyright liability of websites for infringement by the website users. A constant struggle as old as the constitution itself, the issue of copyright protection now makes its way into the virtual world of the internet. While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed could endanger the protection afforded to authors …

Integrating The Right Of Publicity With First Amendment And Copyright Preemption Analysis, Thomas F. Cotter

Thomas F. Cotter

Many states confer upon natural persons a “right of publicity” that renders unlawful the unauthorized use of a person’s name or other indicia of identity for purposes of trade. Efforts to reconcile publicity rights with the First Amendment and with principles of copyright preemption, however, have differed radically from one state or circuit to another, as well as within the scholarly community. In this Article, we present a comprehensive framework for integrating both First Amendment and copyright preemption principles into standard publicity analysis. Our framework eliminates much of the incoherence found in contemporary right of publicity case law by adopting …