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Full-Text Articles in Law
Copyright For A Social Species, Robert E. Suggs
Copyright For A Social Species, Robert E. Suggs
Robert E. Suggs
Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …
The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall
The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009.
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
I, Thomas F. Cotter
I, Thomas F. Cotter
Thomas F. Cotter
Many states confer upon natural persons a “right of publicity” that renders unlawful the unauthorized use of a person’s name or other indicia of identity for purposes of trade. Efforts to reconcile publicity rights with the First Amendment and with principles of copyright preemption, however, have differed radically from one state or circuit to another, as well as within the scholarly community. In this Article, we present a comprehensive framework for integrating both First Amendment and copyright preemption principles into standard publicity analysis. Our framework eliminates much of the incoherence found in contemporary right of publicity case law by adopting …
P2p 'System Caching' – The Copyright Dilemma, Assaf Jacob, Zoe Argento
P2p 'System Caching' – The Copyright Dilemma, Assaf Jacob, Zoe Argento
Assaf Jacob
This paper explores the legal ramifications of the prevalent Internet Service Provider practice of providing caching services to P2P network users. First, the paper describes the P2P industry, its benefits and drawbacks. Then the paper discusses several caching techniques that can be implemented, and indeed are implemented, by ISPs around the globe. These practices allow ISPs to provide clients with better services but, by the same token, expose them to copyright infringement suits by third parties. The article will discuss how copyright law should consider the costs and benefits to the public of P2P caching practices, especially in the application …
Ip And Antitrust: Errands Into The Wilderness, Herbert Hovenkamp
Ip And Antitrust: Errands Into The Wilderness, Herbert Hovenkamp
Herbert Hovenkamp
IP AND ANTITRUST: ERRANDS INTO THE WILDERNESS
ABSTRACT
Antitrust and intellectual property law both seek to promote economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust began an Errand into the Wilderness in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition-furthering goals of antitrust policy. Today, patent law has begun its …
Copyright Infringement And Harmless Speech, Christina Bohannan
Copyright Infringement And Harmless Speech, Christina Bohannan
Christina Bohannan
Copyright law is a glaring and unjustified exception to the rule that the government may not prohibit speech without a showing that it causes harm. While the First Amendment sometimes protects even harmful speech, it virtually never allows the prohibition of harmless speech. Yet, while other speech-burdening laws, such as defamation and right of publicity laws, require demonstrable evidence that the defendant’s speech causes actual harm, copyright law does not make harm a requirement of infringement. Although copyright law considers harm to the market for the copyrighted work as a factor in fair use analysis, harm is not always required …
The Author's Rights In Literary And Artistic Works, Alina Ng
The Author's Rights In Literary And Artistic Works, Alina Ng
Alina Ng
This paper suggests that authorship and creativity, which necessarily precedes the production of literary and artistic works, are products of authentic human expression that the law must encourage in order for works, contributing to the progress of science and the useful arts, to be produced. While the commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand, encouraging the production of works for the commercial market may however result in works, which may lack social, educational and cultural value or utility. Natural law philosophy, which advocates a natural order for society and …
What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte
What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte
Prof. Ryan T. Holte
This article analyzes the current issue of online merchants being forced to defend themselves in foreign jurisdictions during litigation concerning online sales. Part I describes the history of personal jurisdiction from its nineteenth century concerns with territoriality to the twentieth century minimum contacts standard to other, more recent developments. Part II summarizes personal jurisdiction and minimum contacts as applied to the Internet generally and discusses whether Internet sales contain sufficient minimum contacts to satisfy the constitutional prerequisites for the exercise of personal jurisdiction over the seller. Part III analyzes the Georgia long-arm statute as it relates to jurisdiction over persons …
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
Daniel J Gervais
Even as a mere conceptual cloud, the term “user-generated content” is useful to discuss the societal shifts in content creation brought about by the participative Web and perhaps best epitomized by the remix phenomenon. This Essay considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation—the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …
Hoisting Originality: A Response, Roberta R. Kwall
Hoisting Originality: A Response, Roberta R. Kwall
Roberta R Kwall
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
Margit Livingston
Liability For Spatial Data Quality, Harlan Onsrud
Liability For Spatial Data Quality, Harlan Onsrud
Harlan J Onsrud
Liability in data, products, and services related to geographic information systems, spatial data infrastructure, location based services and web mapping services, is complicated by the complexities and uncertainties in liability for information system products and services generally, as well as by legal theory uncertainties surrounding liability for maps. Each application of geospatial technologies to a specific use may require integration of different types of data from multiple sources, assessment of attributes, adherence to accuracy and fitness-for-use requirements, and selection from among different analytical processing methods. All of these actions may be fraught with possible misjudgments and errors. A variety of …
The Social Contract And Authorship: Allocating Entitlements In The Copyright System, Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System, Alina Ng
Alina Ng
Political and moral philosophy teach that there are norms governing how individuals and states ought to behave to ensure a well functioning society. This paper argues that authorship is essentially an activity that can only occur when other individuals in society are constrained by particular moral and ethical norms, and when the copyright system is built on a theoretical framework where individuals in society agree to waive certain rights in order that authors may have the incentive to produce literary and artistic works. The law as it presently stands allocates entitlements without ethical or moral restraints on the exercise of …
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Michael W. Carroll
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual …
A Hole In Need Of Mending-Copyright And The Individual Marking Of Advertisements Published In Collective Works.Pdf, Randy D. Gordon
A Hole In Need Of Mending-Copyright And The Individual Marking Of Advertisements Published In Collective Works.Pdf, Randy D. Gordon
Randy D. Gordon