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Joseph P. Liu

Articles 1 - 11 of 11

Full-Text Articles in Law

Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu Feb 2016

Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu

Joseph P. Liu

This casebook emphasizes the essential cases and materials at the heart of copyright law. The result is a streamlined and well-organized casebook of manageable length that keeps the central themes of copyright front and center. It also provides access to a companion Web site containing an extensive library of additional modules, topics, edited cases, notes, problems, and audio-visual materials. Together these materials, along with a companion teacher's manual, allow teachers to easily customize the copyright law course to suit their specific goals. The authors have written extensively about copyright, the arts, and the impact of new technology.

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Editor-In-Chief Of The Journal Of The Copyright Society Of The U.S.A. For 2011-15, Joseph Liu Dec 2010

Editor-In-Chief Of The Journal Of The Copyright Society Of The U.S.A. For 2011-15, Joseph Liu

Joseph P. Liu

Appointed Editor-in-Chief of peer-reviewed academic journal focusing on copyright law.

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Saving Journalism From Itself? Hot News, Copyright Fair Use And News Aggregation, Joseph Liu Apr 2010

Saving Journalism From Itself? Hot News, Copyright Fair Use And News Aggregation, Joseph Liu

Joseph P. Liu

Served as a panelist at a conference at Harvard Law School on "Journalism's Digital Transition: Unique Legal Challenges and Opportunities," sponsored by the Berkman Center for Internet and Society.

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The Mechanical License And The Origins Of Regulatory Copyright, Joseph Liu Apr 2009

The Mechanical License And The Origins Of Regulatory Copyright, Joseph Liu

Joseph P. Liu

Analyzing the first compulsory license in U.S. copyright law, and arguing that it served as a template for a more "regulatory" approach to copyright law.

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Two-Factor Fair Use?, Joseph Liu Feb 2008

Two-Factor Fair Use?, Joseph Liu

Joseph P. Liu

This Article engages in a thought experiment. It asks whether fair use would be improved if courts gave exclusive consideration to only two of the four statutory factors: (1) the purpose and character of the use; and (2) the impact of the use on the market.6 In other words, fair use under this proposal would be converted from a contextual multi-factor test into a two-factor balancing test in which courts would expressly and directly weigh one consideration against another. The remaining two factors, i.e., the nature of the work and the amount used, would be eliminated from consideration or, alternatively, …

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Consumer Protection: Inside Copyright Law Or Outside?, Joseph Liu Mar 2007

Consumer Protection: Inside Copyright Law Or Outside?, Joseph Liu

Joseph P. Liu

Invited to participate on a panel discussing the impact of consumer protection on copyright law.

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Copyright And Breathing Space, Joseph Liu Dec 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law's fair use and idea/expression doctrines are "built-in free speech safeguards" that establish a "definitional balance" between copyright and the First Amendment. Yet these "built-in free speech safeguards" are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court's statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …

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Copyright And Breathing Space, Joseph Liu Oct 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law’s fair use and idea/expression doctrines are “built-in free speech safeguards” that establish a “definitional balance” between copyright and the First Amendment. Yet these “built-in free speech safeguards” are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court’s statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …

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The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu Oct 2006

The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu

Joseph P. Liu

Providing legal framework for digital rights management.

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The Dmca And The Regulation Of Scientific Research, Joseph Liu Dec 2002

The Dmca And The Regulation Of Scientific Research, Joseph Liu

Joseph P. Liu

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The …

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Copyright And Time: A Proposal, Joseph Liu Oct 2002

Copyright And Time: A Proposal, Joseph Liu

Joseph P. Liu

This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …

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