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Full-Text Articles in Law
Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson
Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson
Michigan Telecommunications & Technology Law Review
Though existing for several millennia in various cultures, body modification through tattooing is becoming more popular in the United States. Twenty percent of Americans have at least one tattoo, and among Millennials this number grows to almost forty percent. As the popularity of tattoos has increased in recent years, so too have questions revolving around concepts of intellectual property and the plausible limitations of any rights stemming therefrom. This Article addresses the implications, for both the tattooist and the tattooed, of using trademarked designations as tattoos. Neither the courts nor Congress have definitively answered the question of how traditional trademark …
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Journal of Intellectual Property Law
No abstract provided.
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
Journal of Intellectual Property Law
No abstract provided.
"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko
Journal of Intellectual Property Law
No abstract provided.
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Journal of Intellectual Property Law
No abstract provided.
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider
Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider
Brooklyn Law Review
The copyright fair use test balances the copyright holder’s right to exclude others from using its work against the secondary user’s First Amendment right, yet this test is often too unpredictable and favors misappropriation, even the most commercial kind. The test is weakest when used to determine the legality of sexual parodies. The sexual nature of the parody should receive statutory consideration in the balancing test because vulgar and lewd speech is often deemed “low value” speech, and therefore the secondary user’s First Amendment right is weaker compared to the copyright owner’s right to exclude. Courts already consider the sexual …