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Full-Text Articles in Arts and Humanities

Justice Between Authors, Dawn C. Nunziato Oct 2016

Justice Between Authors, Dawn C. Nunziato

Journal of Intellectual Property Law

Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn Oct 2016

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Journal of Intellectual Property Law

No abstract provided.


Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey Oct 2016

Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey

Journal of Intellectual Property Law

This article explores the copyright principle of media neutrality in the context of three sets of cases dealing with videogame enhancements, database compilations, and peer-to-peer file sharing. In each set of cases, at least one court produces a judgment which relies heavily on technological distinctions among electronic storage and retrieval systems, in apparent contravention of the media neutrality principle. Media neutrality confers fairly broad authority on courts to extend protection to copyrighted content distributed through new technologies. However, judicial concerns about the relative institutional competencies of Congress and the courts, most clearly expressed in the Sony decision, rightly impose limitations …


Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman Oct 2016

Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman

Journal of Intellectual Property Law

No abstract provided.


Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty Oct 2016

Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty

Journal of Intellectual Property Law

No abstract provided.


Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim Oct 2016

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …


Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell Oct 2016

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell

Journal of Intellectual Property Law

No abstract provided.


Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh Oct 2016

Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh

Journal of Intellectual Property Law

No abstract provided.


Machinima And Copyright Law, Matthew Brett Freedman Oct 2016

Machinima And Copyright Law, Matthew Brett Freedman

Journal of Intellectual Property Law

No abstract provided.


Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman Oct 2016

Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman

Journal of Intellectual Property Law

No abstract provided.


Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi Oct 2016

Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi

Journal of Intellectual Property Law

No abstract provided.


Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin Oct 2016

Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin

Journal of Intellectual Property Law

No abstract provided.


The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais Oct 2016

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …


Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott Sep 2016

Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious Sep 2016

Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious

Journal of Intellectual Property Law

No abstract provided.


We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton Sep 2016

We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay Sep 2016

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard Jun 2016

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.