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Full-Text Articles in Law
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels B. Schaumann
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels B. Schaumann
William Mitchell Law Review
No abstract provided.
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
William Mitchell Law Review
No abstract provided.
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
William Mitchell Law Review
No abstract provided.
Through The Years:The Supreme Court And The Copyright Clause, Ruth L. Okediji
Through The Years:The Supreme Court And The Copyright Clause, Ruth L. Okediji
William Mitchell Law Review
No abstract provided.
For Of All Sad Words Of Tongue Or Pen, The Saddest Are “It Might Have Been”—Free Culture: How Big Media Uses Technology And The Law To Lock Down Culture And Control Creativity, Katherine Kelly
William Mitchell Law Review
Review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. By Lawrence Lessig. Penguin Press, 2004. 348 pages, $24.95
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
Faculty Scholarship
This article examines the fourth fair use factor in copyright law in cases in which the unlicensed use benefits, or has no effect on, the copyright holder's market. It proposes a two-part framework for these cases. If the unlicensed use is transformative or public, and the use does not harm the copyright holder's market, the copyright holder's economic expectancy is protected, and the user should not have to pay damages, analogous to the law of eminent domain. In cases in which the unlicensed use is private, the court should protect the rights of the copyright holder with damages, even if …
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
William Mitchell Law Review
No abstract provided.
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
William Mitchell Law Review
No abstract provided.