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Full-Text Articles in Law
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Game Over For First Sale, Stephen J. Mcintyre
Game Over For First Sale, Stephen J. Mcintyre
Stephen J McIntyre
Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …
Copyright Protection For An Exact Digital 3d Model Of A Copyrighted Architectural Work, Justin Kurt Helms
Copyright Protection For An Exact Digital 3d Model Of A Copyrighted Architectural Work, Justin Kurt Helms
Justin Kurt Helms
No abstract provided.
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Mathias Klang
Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …
Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason M. Schultz
Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason M. Schultz
Aaron K. Perzanowski
Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is widespread agreement that at least some such uses are non-infringing, the doctrinal basis for that conclusion remains unclear. In particular, the prevailing explanations of fair use and implied license are both flawed in important respects. This Article proposes a new explanation for the favored status of certain personal uses. Drawing on the principle of copyright exhaustion - the notion that once the copyright holder parts with a particular copy of a work, its power to control the use and disposition of that copy is constrained …
Digital Exhaustion, Aaron K. Perzanowski, Jason M. Schultz
Digital Exhaustion, Aaron K. Perzanowski, Jason M. Schultz
Aaron K. Perzanowski
As digital networks emerge as the dominant means of distributing copyrighted works, the first sale doctrine is increasingly marginalized. The limitations first sale places on the exclusive right of distribution are of little importance when the alienation and use of copies entails their reproduction. This fact of the modern copyright marketplace has led to calls for statutory clarification of digital first sale rights. Acknowledging the obstacles to legislative intervention, this Article argues that courts are equipped today to limit copyright exclusivity in order to enable copy owners to make traditionally lawful uses of their copies, including resale through secondary markets. …
Fixing Ram Copies, Aaron K. Perzanowski
Fixing Ram Copies, Aaron K. Perzanowski
Aaron K. Perzanowski
Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply the …
Rethinking Anticircumvention's Interoperability Policy, Aaron K. Perzanowski
Rethinking Anticircumvention's Interoperability Policy, Aaron K. Perzanowski
Aaron K. Perzanowski
Interoperability is widely touted for its ability to spur incremental innovation, increase competition and consumer choice, and decrease barriers to accessibility. In light of these attributes, intellectual property law generally permits follow-on innovators to create products that interoperate with existing systems, even without permission. The anticircumvention provisions of the Digital Millennium Copyright Act (DMCA) represent a troubling departure from this policy, resulting in patent-like rights to exclude technologies that interoperate with protected platforms. Although the DMCA contains internal safeguards to preserve interoperability, judicial misinterpretation and a narrow textual focus on software-to-software interoperability render those safeguards largely ineffective. Subjecting restrictions on …