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Articles 1 - 20 of 20
Full-Text Articles in Law
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
David R Hansen
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Michael W. Carroll
First Amendment Based Copyright Misuse, David S. Olson
First Amendment Based Copyright Misuse, David S. Olson
David S. Olson
We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …
The Power Of Music: Applying First Amendment Scrutiny To Copyright Regulation Of Internet Radio, Amanda Reid
The Power Of Music: Applying First Amendment Scrutiny To Copyright Regulation Of Internet Radio, Amanda Reid
Amanda Reid
The Sine Qua Non Of Copyright Is Uniqueness, Not Originality, Samson Vermont
The Sine Qua Non Of Copyright Is Uniqueness, Not Originality, Samson Vermont
Samson Vermont
The Supreme Court tells us originality is the sine qua non of copyright. I argue uniqueness is. Copyright only protects unique work – work no one created before (novel) and no one could independently create after (unrepeatable).
The Court also tells us originality has two components: independent creation by the author and creativity. But they are mere heuristics for uniqueness. Independent creation is over-inclusive; creativity is both over- and under-inclusive. They do not offset each other, so gaps remain. Courts plug most of the gaps with limiting doctrines and the substantial similarity standard. To put it imprecisely: (independent creation) + …
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
Kathleen M. O'Neill
This paper analyzes J. D. Salinger’s recent suit against Fredrik Colting for infringing Salinger’s copyright in THE CATCHER IN THE RYE and its character Holden Caulfield. The case has been widely noticed because the Second Circuit extended to copyright cases a heightened standard for injunctive relief that requires evidence of irreparable harm. Meanwhile, however, the court’s certainty that Salinger should prevail on the merits has escaped much critique. To begin, I argue that the district court misread Colting’s novel by mistaking his metafiction for a conventional sequel. I suggest two practical litigation strategies to avoid this outcome. Next, I fault …
Marca Corporal, Derecho De Propiedad Intelectual (Derecho De Tatuajes), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.
Marca Corporal, Derecho De Propiedad Intelectual (Derecho De Tatuajes), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.
Rodolfo C. Rivas
The authors go back to the origins of tattoos and trace its way into mainstream pop culture. In doing so, they analyze the legal implications of tattoos relating to IP through various brief case studies.////////////////////////////////////////////////////////////////////////////////////////////////Los autores se remontan a los orígenes de los tatuajes y trazan su camino dentro de la cultura pop. Paralelamente, analizan las implicaciones jurídicas de los tatuajes a través de diversos casos.
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
David R Hansen
El "Product Placement" En El Cine, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
El "Product Placement" En El Cine, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors discuss briefly the history of product placement in film citing several examples. Then, they analyze the current state of regulation and look forward at what lies ahead, as product placement has become ingrained in the entertainment industry.///////////////////////////////////////////////////////////////////////////////////////////////Los autores analizan de una forma breve la historia del emplazamiento de productos o product placement en el cine, utilizando varios ejemplos. Después se adentran en el estado actual de la regulación y miran hacia el futuro de la industria.
Pirates In The Family Room: How Performances From Abroad, To U.S. Consumers, Might Evade Copyright Law, Tom W. Bell
Pirates In The Family Room: How Performances From Abroad, To U.S. Consumers, Might Evade Copyright Law, Tom W. Bell
Tom W. Bell
What will international copyright law look like in ten years? It will doubtless offer many different facets and will, as at present, elude any comprehensive portrait. This brief paper thus focuses on just one plausible and interesting scenario: Parties overseas will come to offer unauthorized performances of copyrighted works to consumers in the United States, a practice that will rouse the ire of copyright holders but that the Copyright Act will do little to stop. Depending on where the transmitted performances take place, legally speaking, they might not qualify as infringing under the Act. Even if they do qualify as …
Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman
Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman
Daniel J Gervais
This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately, almost all personal and commercial content will be stored or backed up in the computing Cloud. This is likely to change the way in which copyright is enforced and users' privacy is protected.
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
Michael W. Carroll
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …
Country Of Origin And Internet Publication: Applying The Berne Convention In The Digital Age, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Cheryl Foong, Kylie Pappalardo
Country Of Origin And Internet Publication: Applying The Berne Convention In The Digital Age, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Cheryl Foong, Kylie Pappalardo
Cheryl Foong
In this article, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the “country of origin” of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of “United States work” under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. To be …
Applying Copyright Theory To Secondary Markets: An Analysis Of The Future Of 17 Usc § 109(A) Pursuant To Costco Wholesale Corp. V. Omega S.A., Mark Jansen
Mark Jansen
The U.S. Copyright Act grants copyright owners the exclusive right to distribute their copyrighted works. The first sale doctrine, codified in § 109(a) of the Copyright Act, curtails these distribution rights by exhausting the owner’s exclusive right after the copyrighted item is placed in the stream of commerce. However, it is not clear whether the language used in the Act, “copies made under this title,” is inclusive of copies manufactured aboard or limited to copies manufactured in the United States. Section 109(a) recently came up for interpretation by the Supreme Court in Costco Wholesale Corp. v. Omega S.A.; yet, the …
Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly
Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly
Renee Hobbs
No abstract provided.
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The goals and beneficiaries of copyright frameworks have long been contested in varied contexts. Copyright is often treated as a policy tool that gives creators incentives to create new works. Incentive theories of copyright often emphasize appropriability, which enables copyright owners to ensure that they profit from their copyrighted works by exercising control over uses of, and access to, such works. Although copyright clearly imposes costs in the form of restrictions on access to copyright-protected works and inefficiencies in the form of deadweight loss, the benefits of copyright are thought by many to outweigh the costs. Copyright discussions may at …
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
Andrew Beckerman Rodau
This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …
Three Theories Of Copyright In Ratings, James Grimmelmann
Three Theories Of Copyright In Ratings, James Grimmelmann
James Grimmelmann
Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ratings …
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Dr Tyrone Berger
This article investigates some key problems surrounding copyright in standards. It surveys two ex ante approaches, namely the management of the underlying intellectual property rights during a standard’s development stage, and creating an exemption that is incorporated in legislation, and that provides for a compulsory licence. I further suggest an ex post notice, or opt-in approach, for copyright owners, to resolve the uncertainty around when copyright permission should be sought by users.
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Dr Tyrone Berger
The Australian Competition and Consumer Commission (ACCC) released draft guidelines on copyright licensing and collecting societies in November 2006 for public comment. The purpose of the guidelines was to provide general information to potential licensees and users of copyright material. After four years since the release of the draft guidelines, this author argues that it is time for a new set of guidelines to clarify and explain their purpose.