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- Intellectual Property Brief (9)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
First Amendment Based Copyright Misuse, David S. Olson
First Amendment Based Copyright Misuse, David S. Olson
William & Mary Law Review
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 …
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Nevada Law Journal
No abstract provided.
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Golden Gate University Law Review
In the wake of Feist, copyright practitioners are scrambling to determine what it all means, and how best to protect their client's intellectual property rights and interests. While different views are presented, an expression of dismay is common. This note will address the question: are the copyright practitioners justified in their concern? Part I will outline the Constitutional underpinnings of copyright protection. More specifically, this Part will discuss the two theories underlying the case law in the circuit courts of appeal, including a discussion of their legal philosophies. Part II will examine the Court's decision in Feist. Part III will …
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Golden Gate University Law Review
This Note will analyze the holding in Lewis Galoob Toys, Inc. v. Nintendo of America. First a background of copyright law relevant to computer technology and video games will be developed. Emphasis will be placed on the issues surrounding exceptions to a copyright holder's exclusive rights and the enhancement of computer programs.
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Marquette Intellectual Property Law Review
The United States Copyright Act with the inclusion of the Visual Artists Rights Act of 1990 (VARA) gives sculptors, painters, and photographers a bundle of rights that include the moral rights of attribution and integrity. However, the artistic efforts of artists who create quilts, whether the original purpose was to hang the quilt on the wall or to provide warmth and comfort on a bed, are not included in VARA due to the exclusion of applied art from VARA. This Comment contends that the Congressional intent to protect the highly personal connection artists have to their creations supports extending the …
Canada's Current Position With Respect To Sound Marks Registration: A Need For Change?, Marie-Jeanne Provost
Canada's Current Position With Respect To Sound Marks Registration: A Need For Change?, Marie-Jeanne Provost
Canadian Journal of Law and Technology
This paper analyses and criticizes Canada’s position on sound marks registration in order to recommend the ways in which Canadian policy-makers could further act in order to advance this area of law. The first part of this paper exposes the fundamental concepts of trade-marks as they are necessary to the comprehension of the problems surrounding the registration of sound marks. In the second part, legal considerations associated with the registration of sound marks are discussed. More specifically, the visual requirement, the issue of “use,” the concept of distinctiveness and the question of overlap with copyright are assessed. In the third …
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido
Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido
ILSA Journal of International & Comparative Law
Today, legal purchases of music from online retailers are skyrocketing. Digital music sales across the globe reached 2.9 billion dollars in 2007, up forty percent from the previous year.'
Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge
Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge
Intellectual Property Brief
No abstract provided.
South Africa's Movie Piracy Challenges, Matilda Bilstein
South Africa's Movie Piracy Challenges, Matilda Bilstein
Intellectual Property Brief
No abstract provided.
Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg
Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg
Intellectual Property Brief
No abstract provided.
Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson
Intellectual Property Brief
No abstract provided.
King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg
King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg
Intellectual Property Brief
No abstract provided.
Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman
Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman
Intellectual Property Brief
No abstract provided.
Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba
Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba
Intellectual Property Brief
No abstract provided.
South Africa's Movie Piracy Challenges, Matilda Bilstein
South Africa's Movie Piracy Challenges, Matilda Bilstein
Intellectual Property Brief
No abstract provided.
Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson
Intellectual Property Brief
No abstract provided.
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Marquette Intellectual Property Law Review
As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Marquette Intellectual Property Law Review
This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works. …
A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely
A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely
Vanderbilt Journal of Transnational Law
Copyright law presents visually impaired persons with serious barriers to access of the written word. A recent international effort seeks to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works. While bodies like the World Blind Union--through several South American states--have presented draft treaties to the World Intellectual Property Organization (WIPO), to date the interested parties have not found a mutually agreeable solution. This Note surveys international intellectual property law as it relates to the problem, draws a comparison to the humanitarian concerns entangled with international patent law, and tracks the …
Copyright, Derivative Works, And The Economics Of Complements, Glynn S. Lunney, Jr.
Copyright, Derivative Works, And The Economics Of Complements, Glynn S. Lunney, Jr.
Vanderbilt Journal of Entertainment & Technology Law
From an economic perspective, copyright is irrational. In defining the scope of a copyright owner's exclusive rights, it treats situations that have similar economic consequences differently, as infringement in one case and not in the other, and situations that have radically different economic consequences similarly. This essay explores such area in which copyright exhibits economic irrationality: Copyright's treatment of complements. Where a lower price on a substitute reduces demand for the original, a lower price on a complement increases it. So defined, copyright addresses whether a copyright owner will control three different types of complements: (i) complementary products, such as …
Libraries, Digital Content, And Copyright, Laura N. Gasaway
Libraries, Digital Content, And Copyright, Laura N. Gasaway
Vanderbilt Journal of Entertainment & Technology Law
Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Vanderbilt Journal of Entertainment & Technology Law
The Supreme Court's copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of "romantic authorship" in the 19th and 20th centuries, copyright critiques likewise ask, "Who is creative?" "How should creativity be protected (or not) and encouraged (or not)?" and "Why protect creativity?" Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue that …
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
Vanderbilt Journal of Entertainment & Technology Law
This Article explores what authorship and creative production mean in the digital age. Notions of the author as the creator of the work have, since the passage of the Statute of Anne in 1710, provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author as both the creator and the producer of a work has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author's rights in his creation, and provide the incentive to create. They …
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
Vanderbilt Journal of Entertainment & Technology Law
This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Fordham Law Review
In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …