Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
Articles by Maurer Faculty
The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions …
The Technological Transformation Of Copyright Law, Fred H. Cate
The Technological Transformation Of Copyright Law, Fred H. Cate
Articles by Maurer Faculty
Both statutory and case law clearly recognize the constitutional interest in promoting, not restricting, expression. Digital technologies, however, are rapidly changing the application of copyright law to prohibit access, protect ideas and facts, and dramatically expand the monopoly granted to copyright holders.
Whether on a disk or network, digital expression cannot be accessed without being copied into computer memory, as well as onto a hard drive, floppy disk, or magnetic tape if it is to be retained after the computer is switched off. This necessarily violates the exclusive right to reproduce that copyright law grants to copyright holders.
Moreover, to …