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Articles 31 - 60 of 110
Full-Text Articles in Law
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Journal of Intellectual Property Law
No abstract provided.
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
Scholarly Works
In March 2017 the United States Supreme Court held in Star Athletica L.L.C. v. Varsity Brands Inc. that an artistic feature incorporated into the design of a useful article could be protected by copyright when that feature could be perceived as a two- or three-dimensional work of art separate from the useful article, and imagined separately as a protectable pictorial, graphic, or sculptural work. This two-part test replaces a variety of tests which courts and commentators proposed and applied during the last 40 years. The Star Athletica decision is predicted to be a boon to the fashion and apparel industry, …
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
Scholarly Works
The transformative use standard, which is an important aspect of copyright law’s fair use doctrine, has been confusing and uncertain since 1994 when it was first introduced by the United States Supreme Court in Campbell v. Acuff-Rose Music. To try to make some sense of this standard, this article extends the work of several scholars who have argued that the massive amount of fair use case law generally divides itself into categories, patterns or policy clusters which have their own internal coherence. This article contends that these observations apply as well to transformative use decisions more particularly, which similarly fit …
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Scholarly Works
The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.
The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …
Justice Between Authors, Dawn C. Nunziato
Justice Between Authors, Dawn C. Nunziato
Journal of Intellectual Property Law
Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …
See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner
See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner
Journal of Intellectual Property Law
No abstract provided.
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Journal of Intellectual Property Law
No abstract provided.
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
Journal of Intellectual Property Law
No abstract provided.
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen
Journal of Intellectual Property Law
No abstract provided.
That Carp Is No Keeper: Copyright Arbitration Royalty Panels - Change Is Needed, Here Is Why, And How, Stuart M. Maxey
That Carp Is No Keeper: Copyright Arbitration Royalty Panels - Change Is Needed, Here Is Why, And How, Stuart M. Maxey
Journal of Intellectual Property Law
No abstract provided.
When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden
Journal of Intellectual Property Law
No abstract provided.
What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson
What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Journal of Intellectual Property Law
No abstract provided.
Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald
Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway
The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway
Journal of Intellectual Property Law
No abstract provided.
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
Journal of Intellectual Property Law
No abstract provided.
Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.
Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.
Journal of Intellectual Property Law
No abstract provided.
Introduction - L. Ray Patterson: Copyright (And Its Master) In Historical Perspective, Craig Joyce
Introduction - L. Ray Patterson: Copyright (And Its Master) In Historical Perspective, Craig Joyce
Journal of Intellectual Property Law
No abstract provided.
"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko
Journal of Intellectual Property Law
No abstract provided.
Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry
Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry
Journal of Intellectual Property Law
No abstract provided.
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Journal of Intellectual Property Law
No abstract provided.
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Journal of Intellectual Property Law
No abstract provided.
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Journal of Intellectual Property Law
No abstract provided.
Intellectual Property Checklist For Marketing The Recording Artist Online, Amy J. Everhart
Intellectual Property Checklist For Marketing The Recording Artist Online, Amy J. Everhart
Journal of Intellectual Property Law
No abstract provided.