Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Boston University School of Law (11)
- University of New Hampshire (10)
- University of Pittsburgh School of Law (4)
- American University Washington College of Law (3)
- Chapman University (2)
-
- City University of New York (CUNY) (2)
- Duke Law (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- University of Nebraska - Lincoln (2)
- University of Pennsylvania Carey Law School (2)
- Barry University School of Law (1)
- Cornell University Law School (1)
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Nova Southeastern University (1)
- Roger Williams University (1)
- Syracuse University (1)
- University of Denver (1)
- University of Kentucky (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- Virginia Commonwealth University (1)
- Publication Year
- Publication
-
- Law Faculty Scholarship (10)
- Scholarship Chronologically (10)
- Faculty Scholarship (4)
- Articles (3)
- Akron Law Faculty Publications (2)
-
- All Faculty Scholarship (2)
- LLM Theses and Essays (2)
- PIJIP Faculty Scholarship (2)
- Publications and Research (2)
- Student Scholar Symposium Abstracts and Posters (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia (1)
- Copley Library: Faculty Scholarship (1)
- Copyright, Fair Use, Scholarly Communication, etc. (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Popular Media (1)
- Librarians' Articles (1)
- Musicology and Ethnomusicology: Student Scholarship (1)
- School of Information Studies - Post-doc and Student Scholarship (1)
- School of Law Conferences, Lectures & Events (1)
- University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches (1)
- VCU Libraries Faculty and Staff Publications (1)
Articles 1 - 30 of 54
Full-Text Articles in Arts and Humanities
Copyright & Modding In The Modern Gamespace, Josephine Railston
Copyright & Modding In The Modern Gamespace, Josephine Railston
Student Scholar Symposium Abstracts and Posters
In the modern gamespace, modding has become an excellent opportunity for video game enthusiasts to express their creativity and love for a game; but what happens when that passion is stifled by a major company? My poster presentation will examine the ethics behind modding and ROM hacking, from both the perspectives of major video game corporations as well as their fanbase at large. We will analyze this issue using the case study of Pokémon Prism, a Pokémon Crystal ROM hack, which was canceled days prior to its release following a cease and desist by Nintendo. More specifically, we will investigate …
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Faculty Scholarship
No abstract provided.
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Golan V Holder’S Impact On Orchestra Performance Programming: Annotated Bibliography, Craig M. Winston
Golan V Holder’S Impact On Orchestra Performance Programming: Annotated Bibliography, Craig M. Winston
Musicology and Ethnomusicology: Student Scholarship
This project will examine how changes in copyright law enacted with the Supreme Court’s 2012 decision on Golan v Holder affect the performance programming of American symphony orchestras. The court’s decision brought many previously public-domain, foreign works under copyright protections in accordance with the Uruguay Rounds Agreement Act; among the musical works were frequently performed pieces by composers such as Prokofiev, Rachmaninoff, and Stravinsky. The result is that previously free or low-cost works would now have to be licensed or rented for performance at great expense to the performing group. I will seek to test a hypothesis proposed by legal …
Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton
Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton
Book Chapters
Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …
Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado
Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado
CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia
Wouldn’t it be great if a composer, music producer, or songwriter could pay their rent by “renting” out their music? This demonstration will simplify the music licensing process, focus on researching music libraries, preparing songs for submissions and much more.
Review Of "Rights And Reproductions: The Handbook For Cultural Institutions" (2nd Ed.), Georgia Westbrook
Review Of "Rights And Reproductions: The Handbook For Cultural Institutions" (2nd Ed.), Georgia Westbrook
School of Information Studies - Post-doc and Student Scholarship
The second edition of Rights and Reproductions: The Handbook for Cultural Institutions provides an updated look at intellectual property, related laws, and appropriate use for cultural institutions. The authors provide a robust and clear explanation of relevant issues and serves a wide range of users employing the text as a reference work.
Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella
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.
Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson
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
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
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 …
Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress
Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress
Student Scholar Symposium Abstracts and Posters
This project examines how current copyright laws and digital distribution practices in music can be improved for both the creator and the consumer. The laws that govern our digital atmosphere, and thus a large portion of music distribution, are outdated and cause a wide variety of problems for both artists and fans. To create a comprehensive picture and establish the scope of this problem, I start by outlining the process a song goes through from when it is written to when it is in the hands, or rather ears, of listeners. From there, copyright laws are entwined with this process. …
Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye
Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye
Law Faculty Popular Media
Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response.
It can be difficult to determine whether found footage is protected by copyright, who owns the …
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
Law Faculty Scholarship
The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …
Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi
Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi
Copyright, Fair Use, Scholarly Communication, etc.
The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Ip Basics: Copyright In Written Work, Thomas G. Field Jr.
Ip Basics: Copyright In Written Work, Thomas G. Field Jr.
Law Faculty Scholarship
Written primarily for free-lance writers, this discussion addresses ownership and duration of copyrights, deposit and registration, notice, and remedies that are closely tied to prompt registration. It also discusses licensing and other matters of interest, as well as the need for counsel.
Ip Basics: Copyright In Visual Arts, Thomas G. Field Jr.
Ip Basics: Copyright In Visual Arts, Thomas G. Field Jr.
Law Faculty Scholarship
This discussion focuses on the needs of free-lance artists, craftspeople, photographers, sculptors and the like.
Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr.
Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr.
Law Faculty Scholarship
Written for computer artists and programmers, this paper addresses the basics, as well as the registration of multiple works, difference between works that are and are not prepared "for hire," and other matters of interest to entrepreneurs as well as to free-lance programmers and artists.
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
The Romantic Author And The Romance Writer: Resisting Gendered Concepts Of Creativity, Rebecca Tushnet
The Romantic Author And The Romance Writer: Resisting Gendered Concepts Of Creativity, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Dominant narratives of creativity regularly expect female-associated forms of creativity to be provisioned naturally without need for the economic incentives provided by exclusive rights, just like housework and childcare. Even as the concept of Romantic authorship has come under sustained analytic assault, its challengers often look elsewhere–to the kinds of creativity in which men are more likely to participate–to find models of situated, always-influenced authorship. In this chapter, I examine one variant of the problem, in which certain arguments about copyright discount the value of forms that are predominantly produced and enjoyed by women. But creative works in these oft-denigrated …
Copyright, Fair Use, And Author Rights, Sue Ann Gardner
Copyright, Fair Use, And Author Rights, Sue Ann Gardner
University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches
From the promotional flyer for this talk:
Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.
In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Law Faculty Scholarship
This Article examines the ways that contemporary creativity challenges copyright’s fixation requirement. In this Article, we identify concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era.
Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the “metes and bounds” of creative expression. Recent case law …
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …
Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger
Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger
Copley Library: Faculty Scholarship
Religion plays a major role in determining culture, and has an important effect on how laws are both written and enforced. The concept of intellectual property varies in different cultural traditions, and the dominant religion of a culture plays a major role in the how copyright is viewed and if it is respected or enforced. This paper briefly evaluates the cultures of three major religious and intellectual traditions to determine what, if any, effect their beliefs and values have on the respect for and enforcement of laws defending intellectual property and copyright.
Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter
Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter
Law Faculty Scholarship
Over the last twenty years, audience attendance at museums, galleries, and performing arts institutions in the United States has decreased dramatically. Major museums and galleries are considering ways to add engaging and meaningful value to the user experience with technology, from incorporating user-generated content to creating multimedia installations billed as “collaborative” works.
In 2010, the Dallas Museum of Art’s Coastlines: Images of Land and Sea exhibition featured landscapes from 1850 to the present, as well as a sound installation composed by students and faculty in the Arts and Technology program at the University of Texas at Dallas, which played on …
The Prehistory Of Fair Use, Matthew Sag
The Prehistory Of Fair Use, Matthew Sag
Faculty Articles
This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.
Specifically, Part II explores the foundation for the …
Copyright's Derivative Works Doctrine And An Upside-Down Proviso, Wendy J. Gordon
Copyright's Derivative Works Doctrine And An Upside-Down Proviso, Wendy J. Gordon
Scholarship Chronologically
It is sometimes observed that questions of "justice in acquisition" do not much arise any more. However, judges face those questions on a daily basis in courtrooms adjudicating copyright and patent matters. In United States copyright law, for example, an intriguing dilemma regarding derivative works has developed that raises what appears to be a new issue regarding John Locke's sufficiency proviso.
Draft Of Copyright's Derivative Works Doctrine And An Upside-Down Proviso - 2010, Wendy J. Gordon
Draft Of Copyright's Derivative Works Doctrine And An Upside-Down Proviso - 2010, Wendy J. Gordon
Scholarship Chronologically
It is sometimes observed that questions of'justice in acquisition" do not much arise any more. However, judges face those questions on a daily basis in courtrooms adjudicating copyright and patent matters. In United States copyright law, for example, an intriguing dilemma regarding derivative works has developed that raises what appears to be a new issue regarding John Locke's sufficiency proviso.
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Law Faculty Scholarship
Music sharing is one of the most controversial topics in copyright law. And mix tapes have been the classic, iconic form of music sharing for the last 30 years. Even in the face of technological development so rapid and far-reaching as to remove the literal “tape” from “mix tape,” there are nonetheless modern incarnations that crop up on a regular basis, from mix CDs to mix-sharing websites. Social norms permit and even encourage the creation of these modern mix tapes for such diverse reasons as wedding favors and birthday gifts.
If copyright law is meant to promote creativity and proscribe …