Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (11)
- Boston University School of Law (6)
- Fordham Law School (6)
- New York Law School (5)
- Marquette University Law School (2)
-
- Selected Works (2)
- University of Pittsburgh School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Cornell University Law School (1)
- Schulich School of Law, Dalhousie University (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Massachusetts Amherst (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Publication
-
- Faculty Scholarship (6)
- Vanderbilt Journal of Entertainment & Technology Law (6)
- NYLS Law Review (4)
- Fordham Intellectual Property, Media and Entertainment Law Journal (3)
- Articles (2)
-
- Fordham Urban Law Journal (2)
- Marquette Intellectual Property Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Canadian Journal of Law and Technology (1)
- Cornell Law School J.D. Student Research Papers (1)
- Faculty Publications (1)
- Jennifer M. Urban (1)
- Laura Quilter (1)
- Law Faculty Publications (1)
- Library Staff Publications (1)
- Publications (1)
- Scholarly Works (1)
- Scholarship Chronologically (1)
- Scott DeVito (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 31 - 44 of 44
Full-Text Articles in Law
New Surveillance, The , Sonia K. Katyal
New Surveillance, The , Sonia K. Katyal
Faculty Scholarship
A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of copyright enforcement have rapidly multiplied, each strategy more invasive than the last. This new surveillance exposes the paradoxical nature of the Internet: It offers both the consumer and creator a seemingly endless capacity for human expression - a virtual marketplace of ideas - alongside an insurmountable array of capacities …
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Faculty Scholarship
In American copyright law, the doctrine of "fair use" has long been problematic. Every plausible litmus test that might simplify the "fair use" inquiry has proven inadequate, and copyright commentators have long sought an algorithm or heuristic to lend predictability and conceptual coherence to the doctrine. Twenty years ago, I published in this Journal an article entitled Fair Use as Market Failure, which suggested that the key to understanding the protean terms of "fair use" could best be found in the notion of market failure. That 1982 article has been often misapplied, by both courts and commentators. I am …
Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon
Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon
Scholarship Chronologically
This article makes a simple suggestion. Copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Copyright. When new artists make transformative use of existing works in settings not characterized by pre-use commercial negotiations, copyright should avoid imposing a distorting burden.
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Articles
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
All Faculty Scholarship
This article challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. I argue that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, I show that perfect control of propertized information - an animating assumption in much of the contemporary criticism - is both counterfactual and likely to remain so. These findings suggest that …
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Publications
No abstract provided.
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Articles
This Article reviews recent developments in the law of access to information, that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
NYLS Law Review
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …
The Ontology Of Copyright Infringement: Puzzles, Parts, And Pieces, Scott Devito