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Full-Text Articles in Law

Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat Jan 2003

Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel Gervais, Alana Maurushat

Canadian Journal of Law and Technology

The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products …


Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry Jan 2003

Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry

NYLS Law Review

No abstract provided.


Envisioning Copyright Law's Digital Future, Peter S. Menell Jan 2003

Envisioning Copyright Law's Digital Future, Peter S. Menell

NYLS Law Review

No abstract provided.


Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner Jan 2003

Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner

All Faculty Scholarship

This article challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. I argue that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, I show that perfect control of propertized information - an animating assumption in much of the contemporary criticism - is both counterfactual and likely to remain so. These findings suggest that …


Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels Jan 2003

Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels

NYLS Law Review

No abstract provided.