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Making Others Do The Work: Secondary Liability And The Creation Of A General Obligation To The Copyright Industries, Liam O'Melinn
Making Others Do The Work: Secondary Liability And The Creation Of A General Obligation To The Copyright Industries, Liam O'Melinn
Akron Intellectual Property Journal
This Essay argues that the growth of secondary liability actions represents a larger attempt to impose a general obligation to protect the copyrights of the content industries, and that the full significance of secondary liability cannot be understood unless it is considered alongside other manifestations of this tendency. This Essay contends that secondary liability takes on a much greater meaning when it is seen as closely related to other efforts in extending responsibility for protecting copyrights: in the Digital Millennium Copyright Act, in various measures intended to increase the government's responsibility for copyright enforcement, in attempts to make universities accountable …
Looking For Fair Use In The Dmca's Safety Dance, Ira S. Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira S. Nathenson
Akron Intellectual Property Journal
Today, it is encouraging to hear another Senator - now, Senator McCain - speak up for fair use, but it is also worth noting that McCain voted for the Senate version of the DMCA. Regardless, McCain's request to YouTube contains an intriguing premise: implicit in it is the assumption that fair use can be protected under Section 512 as it exists without amendment. In this Article, I test McCain's assumption, asking whether we can interpret Section 512 to better foster fair use. I believe that we can. In this Article, I argue that copyright owners must consider fair or other …
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Akron Intellectual Property Journal
The digital age brought many challenges for copyright law. While offering enticing new formats for the production and dissemination of copyright content, it also raised the specter of large scale digital piracy. Since the end of the 20th century, content industries have reeled to keep up with technological developments that offer significant promise as well as threats of large scale piracy. There has always been some tension between promoting innovation in content creation and promoting innovation in technologies that enable the enjoyment of copyright works, such as photocopiers, audio tape recorders, video tape recorders, and peer-to-peer file sharing systems. The …