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Full-Text Articles in Law
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
William & Mary Law Review
At the moment that "incentives"for creation meet "preferences"for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance-even overabundance-in creativity can help define the proper scope of copyright law, especially …
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
William & Mary Law Review
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
William & Mary Law Review
More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby- case" …
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
William & Mary Law Review
No abstract provided.
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
William & Mary Law Review
No abstract provided.
Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.
Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.
William & Mary Law Review
No abstract provided.
Current Tests Of Similarity In Infringement Proceedings, Paul E. Holtzmuller
Current Tests Of Similarity In Infringement Proceedings, Paul E. Holtzmuller
William & Mary Law Review
No abstract provided.