Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Internet Law

PDF

Fair use

Institution
Publication Year
Publication
Publication Type

Articles 1 - 30 of 52

Full-Text Articles in Law

Legislative Report: Protecting Lawful Streaming Act Of 2020, Melissa Rezzag Jan 2024

Legislative Report: Protecting Lawful Streaming Act Of 2020, Melissa Rezzag

Cybaris®

No abstract provided.


Privatizing Copyright, Xiyin Tang Mar 2023

Privatizing Copyright, Xiyin Tang

Michigan Law Review

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Facebook and YouTube. Instead, as this Article details, creative speech …


Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson Jan 2021

Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson

Fordham Intellectual Property, Media and Entertainment Law Journal

The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …


The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston Jan 2020

The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston

Cybaris®

No abstract provided.


Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp Sep 2017

Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp

Oklahoma Journal of Law and Technology

No abstract provided.


Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell Sep 2017

Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

Oklahoma Journal of Law and Technology

No abstract provided.


Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris Jun 2015

Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris

Pace Intellectual Property, Sports & Entertainment Law Forum

Starting in late 2012, and continuing into late 2013, the United States District Court for the Southern District of New York wreaked havoc on the traditional interpretation of the copyright infringement defense known as “fair use.” Two cases stemming from the advent of the Google Books Project are Author’s Guild, Inc. v. HathiTrust and Author’s Guild, Inc. v. Google, Inc. These cases adopted a controversial interpretation of the fair use defense, codified in 17 U.S.C. § 107, when each case determined that the mass digitization of thousands of books constituted fair use merely because the digitization was what is known …


Campbell At 21/Sony At 31, Jessica Litman Jun 2015

Campbell At 21/Sony At 31, Jessica Litman

Jessica Litman

When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly 40 years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …


Ip Basics: Copyright On The Internet, Thomas G. Field Jr. Jan 2015

Ip Basics: Copyright On The Internet, Thomas G. Field Jr.

Law Faculty Scholarship

This discussion focuses on copyright issues most apt to concern those who post to or own email lists or those who have put up web pages. Such matters as the fundamental distinction between works that are and are not "for hire," registration, and issues to consider in transferring copyright interests are treated in other copyright discussions above.


Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman Jan 2014

Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman

All Faculty Scholarship

Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes of private ordering and consider what formal copyright law should do, if anything, to engage with private ordering in the copyright space. I conclude that there is not one single approach that copyright law should take with regard to private ordering, but instead several different approaches. In some instances, the best option is for the law to get out of the way and simply continue to provide room for various …


Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg Dec 2013

Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg

Michigan Telecommunications & Technology Law Review

Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist.


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik Apr 2013

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik

Warren Bartholomew CHIK

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park Apr 2013

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.


Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon Dec 2012

Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon

Touro Law Review

Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik Aug 2012

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik

Warren Bartholomew Chik

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik Aug 2012

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik

Warren Bartholomew CHIK

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


Madisonian Fair Use, Michael J. Madison Jan 2012

Madisonian Fair Use, Michael J. Madison

Articles

This short essay reflects on developments in the law, scholarship, and practice of fair use since the publication in 2004 of an earlier article on patterns in fair use practice and adjudication. It synthesizes many of those developments in the idea of “Madisonian” fair use, borrowing the separation of powers metaphor from James Madison’s work on the US Constitution and applying it, lightly and in a preliminary way, to copyright.


Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman Jan 2012

Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

The state regulates sexual activity through a combination of criminal and civil sanctions and the award of benefits, such as marriage and First Amendment protections, for acts and speech that conform with the state’s vision of acceptable sex. Although the penalties for non-compliance with the state’s vision of appropriate sex are less severe in intellectual property law than those, for example, in criminal or family law, IP law also signals the state’s views of sex. In this Article written for the Stanford symposium on the Adult Entertainment industry, I extend my consideration of the law’s treatment of sex after Lawrence …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik Aug 2011

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik

Research Collection Yong Pung How School Of Law

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik Apr 2011

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik

Research Collection Yong Pung How School Of Law

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag Jan 2011

The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag

NYLS Law Review

No abstract provided.


Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung Dec 2010

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …


Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman Mar 2010

Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman

All Faculty Scholarship

Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …


Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet Jan 2010

Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.


Some Optimism About Fair Use And Copyright Law, Michael J. Madison Jan 2010

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Articles

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.


Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google Jan 2009

Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google

Rosetta Stone v. Google (Joint Appendix)

No abstract provided.


Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson Jan 2009

Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson

Ira Steven Nathenson

Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …


"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong Jan 2009

"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong

Vanderbilt Journal of Entertainment & Technology Law

In the United States, the line between the type and level of transformation required for a copyrightable derivative work and that required to constitute fair use has not been drawn clearly. With the rise of user-generated content, this question (which arises in two distinct copyright contexts) has become even more important. At the same time, copyright law has generally shied away from defining authorship as a legal concept, preferring instead to develop and rely on the related (but not identical) concept of originality. This has resulted in a low copyrightability threshold that does not adequately account for the fact that …


The Role Of The Lawmaker And Of The Judge In The Conflict Between Copyright Exceptions, Freedom Of Expression And Technological Measures, Severine Dusollier Jan 2008

The Role Of The Lawmaker And Of The Judge In The Conflict Between Copyright Exceptions, Freedom Of Expression And Technological Measures, Severine Dusollier

Severine Dusollier

No abstract provided.


Copyright And Youtube: Pirate's Playground Or Fair Use Forum?, Kurt Hunt Jan 2007

Copyright And Youtube: Pirate's Playground Or Fair Use Forum?, Kurt Hunt

Michigan Telecommunications & Technology Law Review

The entertainment industry has a history of framing new technology as piracy that threatens its very existence, regardless of the potential benefits of the technology or the legal limits of copyright rights. In the case of YouTube, copyright owners' attempts to retain content control negatively impact the public's ability to discuss culture in an online world. This implicates the basic policy behind fair use: to prevent copyright law from "stifl[ing] the very creativity which that law is designed to foster." The internet has become a powerful medium for expression. It is a vital tool in today's world for sharing original …