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Copyright For Couture, Loni Schutte
Copyright For Couture, Loni Schutte
Duke Law & Technology Review
Fashion design in America has never been covered by the extensive intellectual property (IP) protections afforded to other categories of creative works or to the art in other countries. As a result, America has become a safe haven for design pirates. Piracy disproportionately harms young designers who do not have established trademarks for their brands and must rely purely on creativity to propel their designs into the market. H.R. 2511 is a bill that aims to extend copyright protection to fashion designs, albeit narrowly. Compared with previous proposals to extend effective IP protection to fashion design, H.R. 2511 is more …
Copyright Enforcement Of Non-Copyright Terms: Mdy V. Blizzard And Krause V. Titleserv, Justin Van Etten
Copyright Enforcement Of Non-Copyright Terms: Mdy V. Blizzard And Krause V. Titleserv, Justin Van Etten
Duke Law & Technology Review
The rise of software and software licensing has led to another phenomenon: the attempted enforcement of software licenses through copyright law. Over the last fifteen years, content creators have begun to bring copyright suits against licensees, arguing that violation of license terms withdraws the permission needed to run the software, turning the use of the software into copyright infringement. Not surprisingly, courts have rejected this argument, and both the Ninth Circuit, in MDY v. Blizzard, and the Second Circuit, in Krause v. Titleserv, have developed new legal rules to prevent copyright enforcement of contract terms. This iBrief explores software licensing …
Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public, Jeremy J. Beck, Libby Van Cleve
Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public, Jeremy J. Beck, Libby Van Cleve
Duke Law & Technology Review
Oral history provides society with voices and memories of people and communities experiencing events of the past first-hand. Such history is created through interviews; an interview, however, like any other type of intellectual property—once in a fixed form—is subject to copyright law. In order to make oral history available to the public, it is critically important that individuals generating and acquiring oral history materials clearly understand relevant aspects of copyright law. The varied nature of how one may create, use, and acquire oral history materials can present new, surprising, and sometimes baffling legal scenarios that challenge the experience of even …