Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Redigi And The Resale Of Digital Media: The Courts Reject A Digital First Sale Doctrine And Sustain The Imbalance Between Copyright Owners And Consumers, Monica L. Dobson
Redigi And The Resale Of Digital Media: The Courts Reject A Digital First Sale Doctrine And Sustain The Imbalance Between Copyright Owners And Consumers, Monica L. Dobson
Akron Intellectual Property Journal
Part II of this comment will explain the history of the first sale doctrine, observe how Congress has modified the doctrine over time, and examine how the courts have interpreted the doctrine in light of various technological innovations. Part III will address the problems associated with digital media and examine the concerns of both copyright owners and consumers surrounding a digital first sale doctrine. Part IV will discuss the recent federal district court case, Capitol Records, LLC v. ReDigi Inc., which dealt with the issue of the first sale doctrine’s applicability to digital media, and explain why the court …
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
Law Faculty Scholarship
The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …