Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Lenz V. Universal: A Call To Reform Section 512(F) Of The Dmca And To Strengthen Fair Use, Marc J. Randazza
Lenz V. Universal: A Call To Reform Section 512(F) Of The Dmca And To Strengthen Fair Use, Marc J. Randazza
Vanderbilt Journal of Entertainment & Technology Law
Under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act (DMCA), those who issue materially false takedown notices are liable for damages. However, Section 512(f) has not effectively protected fair use. Currently, the DMCA issuer only has to prove he considered fair use before issuing a takedown notice, but faces no liability for actually taking action against fair use. The outcome of the recent Ninth Circuit Court of Appeals case Lenz v. Universal shows the flaws in the language of the DMCA. This Article calls for a mild adjustment to Section 512(f) for the purpose of protecting fair use …
Causing Infringement, Mark Bartholomew, Patrick F. Mcardle
Causing Infringement, Mark Bartholomew, Patrick F. Mcardle
Vanderbilt Law Review
In its most recent contributory infringement pronouncement, the Supreme Court advised courts wrestling with these issues to consult tort law's own contributory liability framework, which it described as "well established."31 The conventional wisdom among legal scholars agrees with the Court. Most scholarship in this area contends that obeisance to traditional tort law principles of contributory liability will fill the void in infringement law with answers that are adequately calibrated to the balance between incentivizing creation and permitting downstream use. This Article challenges that conventional wisdom. Although we agree that tort law can shed some much-needed light on contributory infringement, we …
Transmissions Of Music On The Internet, Daniel J. Gervais
Transmissions Of Music On The Internet, Daniel J. Gervais
Vanderbilt Journal of Transnational Law
This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …
Speaking Frankly About Copyright Infringement On Computer Bulletin Boards: Lessons To Be Learned From "Frank Music, Nctcom" And The White Paper, Joseph V. Myers, Iii
Speaking Frankly About Copyright Infringement On Computer Bulletin Boards: Lessons To Be Learned From "Frank Music, Nctcom" And The White Paper, Joseph V. Myers, Iii
Vanderbilt Law Review
Copyright law operates primarily as a strict liability, regime whenever infringing behavior constitutes a direct infringement of copyright. When behavior qualifies as an indirect infringement, gaps in copyright protection are filled by principles of contributory and vicarious liability. Although the application of these liability constructs has never been a simple matter, recent growth in the on- line industry has resulted in a dramatic confusion and divergence of views. In particular, the law is currently unclear in two important respects. First, opinions differ greatly as to whether computer bulletin board operators ("sysops") should incur liability for the infringing misdeeds of individual …