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Intellectual Property Law

2004

Articles 1 - 2 of 2

Full-Text Articles in Law

The Sine Qua Non Of Copyright, Deborah Hussey Freeland Dec 2003

The Sine Qua Non Of Copyright, Deborah Hussey Freeland

Deborah M. Hussey Freeland

The United States Supreme Court treats originality as the sine qua non of copyright. How can this abstract quality best be recognized under the law, particularly in the difficult case of multiply produced works? This article grapples with controverted definitions of "original" and "copy," analyzing the positions and interests of various players in the art world with respect to what should count as an original work. Using the case of bronze sculptures that various parties seek to attribute to Auguste Rodin and discussing their status under national and international laws, this article identifies and calls for these laws to converge …

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Regulatory Copyright, Joseph Liu Dec 2003

Regulatory Copyright, Joseph Liu

Joseph P. Liu

This Article explores and examines the implications of the increasingly regulatory nature of U.S. copyright law. For many years, U.S. copyright law operated under a judicially-administered, industry-neutral property rights regime. Congress set the scope of the property entitlement, leaving the courts to enforce the entitlement and the markets to organize the production of creative works in light of the entitlement structure. In recent years, however, Congress has shown an increasing willingness to intervene more directly in the structure of copyright markets. Congress’s most recent legislative efforts are far more complex and industry-specific, allocate rights and responsibilities in a far more …

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