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Full-Text Articles in Law

Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani Nov 2014

Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani

Touro Law Review

No abstract provided.


Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangements In Cover Songs Under A Compulsory License, Matthew A. Eller Jun 2014

Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangements In Cover Songs Under A Compulsory License, Matthew A. Eller

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in cover versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work (“D1”) is created by an author and another author creates a second derivative work (“D2”) based off of D1. In situations such as these, does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized?

Further, depending on what rights do exist for D1, can …


Fair Use And The Faces Of Transformation, Part I, James Gibson Jan 2014

Fair Use And The Faces Of Transformation, Part I, James Gibson

Law Faculty Publications

The recent Kienitz v. Sconnie Nation case has been the focus of three recent posts in this Intellectual Property Issues series – from me, Doug Lichtman, and Rod Smolla. In Kienitz, the defendant changed a photograph of the mayor of Madison, Wisconsin, into a stylized, high-contrast image, printed on t-shirts that mocked the mayor’s policies. The U.S Court of Appeals for the Seventh Circuit held that the new image constituted a fair use and therefore did not infringe the photograph’s copyright. (The original photo and the stylized version on the t-shirt can be seen here.) …