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Full-Text Articles in Law
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Library Staff Publications
The Copyright Act of 1976 provides that works—including scholarship—written within the scope of employment belong to employers. But copyright law and actual practices widely diverge. The academic community generally allows librarians to claim ownership of their writing, even when that ignores copyright law. Mr. Hellyer supports copyright ownership by librarians, and calls for the law and common practices to be harmonized.
Administering Fair Use, Jason Mazzone
Administering Fair Use, Jason Mazzone
William & Mary Law Review
Fair use is not working. As written by Congress and applied by the courts, the fair use law fails to give individuals sufficiently clear guidance to determine in advance whether their uses of copyrighted works are fair and therefore noninfringing. When the law does not regulate adequately, markets can supply the rules. Thus, copyright owners and prospective users of copyrighted works can-and donegotiate over and enter into contracts specifying permissible uses. However, leaving fair use to the market is far from desirable. Fair use is not meant to be something that is sold and bought like other market goods. Fair …
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" …
Rethinking Originality, Russ Versteeg
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Faculty Publications
No abstract provided.