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Full-Text Articles in Law
United States Response To Questionnaire Concerning Boundaries And Interfaces With Respect To Copyright And Related Rights, June M. Besek, Jane C. Ginsburg, Lita Helman, Philippa Loengard, Eva Subotnik, Elana Bensoul
United States Response To Questionnaire Concerning Boundaries And Interfaces With Respect To Copyright And Related Rights, June M. Besek, Jane C. Ginsburg, Lita Helman, Philippa Loengard, Eva Subotnik, Elana Bensoul
Faculty Scholarship
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Richmond Journal of Law & Technology
In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …
You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee
You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee
Journal Publications
Many recording artists and songwriters never reap the rewards of their work. America's first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as "one group of creators who get ripped off more than anybody else in any other industry". As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …
Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee
Journal Publications
No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views …
The Performance Rights Act: A Lack Of Impact On A Transitioning Music Industry, Michael C. Yeh
The Performance Rights Act: A Lack Of Impact On A Transitioning Music Industry, Michael C. Yeh
Marquette Intellectual Property Law Review
The music industry is in a decline. Music sales are not creating the same profits as before, and rather than change or adapt, record labels are petitioning the legislature to create new modes of revenue. One way the music industry is petitioning the legislature to add a new source of revenue, without changing its archaic business model, is by pushing Congress to pass the Performance Rights Act. This Act proposes that analog radio stations pay musicians and artists royalties to play their songs on the air, just like on digital radio. While the Performance Rights Act looks great on the …
Intellectual Property Colloquium Series: Canada And The Three-Step Test: A Step In Which Direction?, Ysolde Gendreau
Intellectual Property Colloquium Series: Canada And The Three-Step Test: A Step In Which Direction?, Ysolde Gendreau
Marquette Intellectual Property Law Review
In her lecture, Prof. Gendreau discusses the relationship between Canada and the United States when it comes to Copyright law. More specifically, Prof. Gendreau discusses the concept of fair dealing in education in Canada, and then discusses the Canadian provision in the context of international treaties, in particular the TRIPS Agreement and the Berne Convention.
Software Wars: The Patent Menace, Andrew Nieh