Law Commons^™

Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Copyright And Youtube: Pirate's Playground Or Fair Use Forum?, Kurt Hunt

Michigan Telecommunications & Technology Law Review

The entertainment industry has a history of framing new technology as piracy that threatens its very existence, regardless of the potential benefits of the technology or the legal limits of copyright rights. In the case of YouTube, copyright owners' attempts to retain content control negatively impact the public's ability to discuss culture in an online world. This implicates the basic policy behind fair use: to prevent copyright law from "stifl[ing] the very creativity which that law is designed to foster." The internet has become a powerful medium for expression. It is a vital tool in today's world for sharing original …

Dealing With Casual Piracy: Limiting Distribution Of Copyrighted Content With Digital Rights Management, Bimal J. Rajkomar

Vanderbilt Journal of Entertainment & Technology Law

This article argues that it is possible to implement DRM schemes without eroding the public's trust by offering consumers a choice between technologically-restricted and unrestricted content. Part I discusses how DRM have harmed voluntary compliance with the law. Part II examines the biggest copyright governance issue confronting peer-to-peer networks: casual piracy. Part III explain show a bifurcated licensing scheme can allow content providers to benefit from DRM without incurring its usual costs. Note that some music distributors and labels have begun to adopt this licensing structure.