Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (9)
- University of New Hampshire (6)
- SelectedWorks (5)
- Vanderbilt University Law School (4)
- American University Washington College of Law (3)
-
- Boston University School of Law (3)
- Marquette University Law School (3)
- University of Maryland Francis King Carey School of Law (2)
- Georgetown University Law Center (1)
- Johnson County Community College (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Santa Clara Law (1)
- Selected Works (1)
- University of Cincinnati College of Law (1)
- University of Kentucky (1)
- University of Massachusetts Amherst (1)
- University of Massachusetts School of Law (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- William & Mary Law School (1)
- Publication
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (9)
- Law Faculty Scholarship (5)
- Marquette Intellectual Property Law Review (3)
- Articles (2)
- Justine Pila (2)
-
- Maryland Law Review (2)
- Scholarship Chronologically (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Aaron K. Perzanowski (1)
- All Faculty Scholarship (1)
- American University Law Review (1)
- Andres Guadamuz (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Copyright, Fair Use & Open Access (1)
- Daniel Harris Brean (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Laura Quilter (1)
- Learning Exchange Networks (1)
- Library Presentations (1)
- Michigan Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Oklahoma Law Review (1)
- Rosetta Stone v. Google (Joint Appendix) (1)
- Severine Dusollier (1)
- The University of New Hampshire Law Review (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 31 - 52 of 52
Full-Text Articles in Law
Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones
Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones
Vanderbilt Journal of Entertainment & Technology Law
In 2013, authors of sound recordings will have their first opportunity to exercise their right to terminate assignments made to record companies. Congress has yet to settle just who may claim authorship in, and thus the right to terminate assignments of, sound recordings. Record companies have responded to this uncertainty by including language in standard recording contracts purporting to declare sound recordings made under the contracts works made for hire, such that authorship would vest initially in the record companies themselves. If sound recordings fit within the scope of a work made for hire, these recording contracts would seal the …
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
Vanderbilt Journal of Entertainment & Technology Law
While user-generated content (UGC) has been around for quite some time, the digital age has led to an explosion of new forms of UGC. Current UGC mega-sites, such as YouTube, Facebook, and MySpace, have given UGC a new level of significance, due to their ability to bring together large numbers of users to interact in new ways. The "user" in UGC generally refers to amateurs, but also includes professionals and amateurs aspiring to become professionals. "Generated" is synonymous with created, reflecting the inclusion of some minimal amount of creativity in the user's work. Finally, "content" refers to digital content, or …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Law Faculty Scholarship
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Law Faculty Scholarship
As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
Law Faculty Scholarship
[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Law Faculty Scholarship
Over the past several years scholars have wrestled with how property rights in items created in virtual worlds should be conceptualized. Regardless of how the property is conceptualized and what property theory best fits, most agree the law ought to recognize virtual property as property and vest someone with those rights.
The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow
The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow
Law Faculty Scholarship
The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and services that use color for multiple purposes conterminously. The economic case for color-alone trademarks is severely undermined by careful observation of the ways that colors are actually deployed in commerce, which makes it clear that the trademarks of multiple goods and services can utilize the same color to telegraph the same message without confusing anyone or diluting the commercial power …
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Maryland Law Review
No abstract provided.
Making Copyright Whole: A Principled Approach To Copyright Exceptions And Limitations, Daniel J. Gervais
Making Copyright Whole: A Principled Approach To Copyright Exceptions And Limitations, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
This Article suggests a path to develop a principled conceptualization for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a balance between protection and access. It demonstrates that this balance was present to the minds of the negotiators of the 1886 Berne Convention for the Protection of Literary and Artistic Works and may have been somewhat overlooked in revisions of the Convention. It was ultimately replaced by a three-step test designed to restrict the ability of individual legislators to create limitations and exceptions. The article also considers the …
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Fair Circumvention, Timothy K. Armstrong
Fair Circumvention, Timothy K. Armstrong
Faculty Articles and Other Publications
Judicial decisions construing the key liability provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. - 1201, cluster around two incompatible poles. One set of decisions construes the DMCA's liability provisions broadly, emphasizing the need to prevent possible copyright infringement and limit the public availability of tools that may be used to infringe. Other cases construe the same language narrowly, stressing the avoidance of anticompetitive market distortions. Both sets of decisions insist that their interpretation is commanded by the literal text of the DMCA. A closer look, however, reveals that both sides have overstated the support they may plausibly …
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Faculty Publications
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced ―performers.
Writer's Block, David Spratt
Writer's Block, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Innovation And The Domain Of Competition Policy, Herbert J. Hovenkamp
Innovation And The Domain Of Competition Policy, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust policy and the IP laws are both concerned with practices that restrain competition unnecessarily by reducing the size of the public domain beyond that which the Constitution contemplates, or as Congress intended for them to be expanded. In fact, antitrust has a dual role as promoter of competition in IP intensive markets. It regulates both restraints on competition and restraints on innovation. The first line protector of the competitive process in innovation is the IP statutes themselves. The Constitutional Mandate to Congress to create intellectual property regimes in order to promote the Progress of Science and useful Arts is …
Defending The Public Domain—The First Amendment, The Copyright Power, And The Potential Of Golan V. Gonzales, J. Blake Pinard
Defending The Public Domain—The First Amendment, The Copyright Power, And The Potential Of Golan V. Gonzales, J. Blake Pinard
Oklahoma Law Review
No abstract provided.
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Articles
This essay, prepared as part of a Symposium on intellectual property law and business models, suggests the re-examination of the role of intellectual property law in the persistence of cultural forms of all sorts, including (but not limited to) business models. Some argue that the absence of intellectual property law inhibits the emergence of durable or persistent cultural forms; copyright and patent regimes are justified precisely because they supply foundations for durability. The essay tests that proposition via brief reviews of three persistent but very different cultural models, each of which represents a distinct form of American culture: The Rocky …
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Faculty Scholarship
A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,2 a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa A. Davison
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa A. Davison
Articles
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 ties have been far less enthusiastic. The DMCA’s goal of combating piracy is …
Enough Is Enough: Time To Eliminate Design Patents And Rely On More Appropriate Copyright And Trademark Protection For Product Designs, Daniel Harris Brean