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Around Campus

DePaul Magazine

Reburying the Dead: Returning control of ancient remains to Native American tribes; Communicating Climate Change: DePaul professor discusses effective ways to connect with skeptical and disengaged audiences; The Great Mind of Michael Shannon

Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella

Publications and Research

This presentation looks at how the words "including" and "such as" in the fair use section of United States copyright law (i.e., Section 107 of Title 17 of the United States Code) allow for unforeseen fair uses, including transformative works made by digital humanists.

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

All Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …

2nd Place Contest Entry: Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress

Kevin and Tam Ross Undergraduate Research Prize

This is Stephanie Caress' submission for the 2018 Kevin and Tam Ross Undergraduate Research Prize, which won second place. She wrote about current copyright laws and digital distribution practices and how they can be improved for creators and consumers of music.

Stephanie is a senior at Chapman University, majoring in Music and Strategic & Corporate Communication. Her faculty mentor is Dr. Jessica Sternfeld.

By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson

Brian Larson

The Morality Of Compulsory Licensing As An Access To Medicines Tool, Margo A. Bagley

Faculty Articles

This Article contemplates the validity of theft rhetoric in relation to the right of countries to grant compulsory licenses from an unconventional perspective; that of biblical teachings on what it means to steal.

Part I describes the use of theft rhetoric in relation to IP infringement broadly and drug-patent compulsory licenses in particular.

Part II challenges the contention, suggested by theft rhetoric, that compulsory licenses are morally wrong as a form of stealing, by considering the meaning of theft in the context of its Judeo-Christian origins.

Part III considers the cogency of the accusation that the issuance of compulsory licenses …

Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson

VCU Libraries Faculty and Staff Publications

Everyone is a publisher, a maker, or a creator in the digital age, and understanding copyright is a foundational skill. Artists, designers, and arts scholars need acute awareness of the legal landscape and fair use. To help meet this need, Virginia Commonwealth University (VCU) Libraries, in concert with the VCU School of the Arts, created a series of programs on the nuances of copyright for artists, designers, and art scholars.

Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman

Faculty Scholarship

No abstract provided.

Critical Race Ip, Anjali Vats, Deidre A. Keller

Articles

In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman

All Faculty Scholarship

This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal’s 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens’ ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent …

Consuming Digital Debris In The Plasticene, Stephen R. Parks

Theses and Dissertations

Claims of customization and control by socio-technical industries are altering the role of consumer and producer. These narratives are often misleading attempts to engage consumers with new forms of technology. By addressing capitalist intent, material, and the reproduction limits of 3-D printed objects’, I observe the aspirational promise of becoming a producer of my own belongings through new networks of production. I am interested in gaining a better understanding of the data consumed that perpetuates hyper-consumptive tendencies for new technological apparatuses. My role as a designer focuses on the resolution of not only the surface of the object through 3-D …