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Full-Text Articles in Law
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
William & Mary Law Review
Copyright, it is commonly said, matters in society because it encourages the production of socially beneficial, culturally significant expressive content. Our focus on copyright's recent history, however, blinds us to the social information practices that have always existed. In this Article, we examine these social information practices, and query copyright's role within them. We posit a functional model of what is necessary for creative content to move from creator to user. These are the functions dealing with the creation, selection, production, dissemination, promotion, sale, and use of expressive content. We demonstrate how centralized commercial control of information content has been …
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
Who Speaks Latin Anymore? Translating De Minimis Use For Application To Music Copyright Infringement And Sampling, David S. Blessing
Who Speaks Latin Anymore? Translating De Minimis Use For Application To Music Copyright Infringement And Sampling, David S. Blessing
William & Mary Law Review
No abstract provided.
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
William & Mary Law Review
More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby- case" …