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Full-Text Articles in Law
Conventional Protections For Commercial Fan Art Under The U.S. Copyright Act, Rachel Morgan
Conventional Protections For Commercial Fan Art Under The U.S. Copyright Act, Rachel Morgan
Fordham Intellectual Property, Media and Entertainment Law Journal
For many years, artists and consumers of pop culture have channeled their artistic skills into creating derivative works of their favorite fictional stories and characters. In the United States, fans of Japanese anime and manga have made a living selling artwork of their favorite characters at anime conventions, large gatherings that bring in fellow fans from all around the country. Despite the prevalence of this practice, there is a glaring legal issue: these fictional characters are the intellectual property of the authors who created them, and fan art is blatant copyright infringement. However, there are still many economic advantages to …
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Fordham Intellectual Property, Media and Entertainment Law Journal
The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Fordham Intellectual Property, Media and Entertainment Law Journal
Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Museum Policies And Art Images: Conflicting Objectives And Copyright Overreaching, Kenneth D. Crews
Museum Policies And Art Images: Conflicting Objectives And Copyright Overreaching, Kenneth D. Crews
Fordham Intellectual Property, Media and Entertainment Law Journal
Museums face steady demand for images of artworks from their collections, and they typically provide a service of making and delivering high-resolution images of art. The images are often intellectually essential for scholarly study and teaching, and they are sometimes economically valuable for production of the coffee mugs and note cards sold in museum shops and elsewhere. Though the law is unclear regarding copyright protection afforded to such images, many museum policies and licenses encumber the use of art images with contractual terms and license restrictions often aimed at raising revenue or protecting the integrity of the art. This article …
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Four Free Speech Goals For Trademark Law, William Mcgeveran
Four Free Speech Goals For Trademark Law, William Mcgeveran
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino
Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima
Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet
Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Deconstructing The Fair Use Doctrine: The Cost Of Personal And Workplace Copying After American Geophysical Union V. Texaco, Inc., Nicole B. Cásarez
Deconstructing The Fair Use Doctrine: The Cost Of Personal And Workplace Copying After American Geophysical Union V. Texaco, Inc., Nicole B. Cásarez
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines
Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras
Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz
Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor
Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.