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Full-Text Articles in Law
Fair Use Failing The First Amendment? How The Parody And Satire Dichotomy May Be Stunting Political Discourse, Megan L. Wheeler
Fair Use Failing The First Amendment? How The Parody And Satire Dichotomy May Be Stunting Political Discourse, Megan L. Wheeler
IP Theory
The First Amendment, in certain circumstances, is used as a defense to “protect[] satire and parody as a form of free speech and expression.”2 When it comes to jokes, “[q]uestions . . . have arisen in case law [pertaining to satire typically] concerning libel, emotional distress and copyright infringement.”3 Further, in a right of publicity claim, “[t]he First Amendment clearly protects all but the most intrusive coverage of news, or details of a person’s private life, such as are reported in the tabloid press or talk shows.”4 This demonstrates that humor and satire have a close relationship with the First …
Content-Based Copyright Denial, Ned Snow
Content-Based Copyright Denial, Ned Snow
Indiana Law Journal
No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of …
The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall
The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall
Indiana Law Journal
No abstract provided.
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Indiana Law Journal
No abstract provided.
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.