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Full-Text Articles in Law
A Fresh Look At Copyright On Campus, Jacob H. Rooksby
A Fresh Look At Copyright On Campus, Jacob H. Rooksby
Missouri Law Review
This Article reviews developments in these three areas of higher education through the lens of copyright, examining, in particular, the copyright ownership – as opposed to use – questions they present. In these emerging contexts, institutional claims to copyright often work to the detriment of students, faculty, and the public. Also harmful are campus copyright policies that are ambiguously worded or inappropriately purport to vest ownership interests in colleges and universities.
Copyright Protection: The Force Could Not Keep Han Solo Alive, But Can It Protect Him From Authors’ Derivative Works?, Micah Uptegrove
Copyright Protection: The Force Could Not Keep Han Solo Alive, But Can It Protect Him From Authors’ Derivative Works?, Micah Uptegrove
Missouri Law Review
This Note is meant to address the issues surrounding the rights copyright holders have in their characters and what rights they should be given. These existing rights are so valuable that it is likely that major companies such as Disney are going to continue to try to extend copyright duration; this method has worked repeatedly in the past to protect their fictional characters. The extension of copyright duration through statutes is an attempt to navigate the issue that the U.S. Constitution technically only allows for copyrights to be protected for a “limited time.” If companies such as Disney can get …
Notice And Remedies In Copyright Licensing, B. J. Ard
Notice And Remedies In Copyright Licensing, B. J. Ard
Missouri Law Review
Copyright owners claim the power to designate practically any term of a copyright license as a “condition” enforceable in copyright. In doing so, these licensors purport to translate breach of the most trivial or idiosyncratic term into the basis for a copyright infringement suit. This Article argues that these licenses are most problematic when licensors provide inadequate notice of unexpected terms. License conditions are typically buried in boilerplate that no reasonable consumer reads, and licensors have few incentives to make them more salient. These circumstances not only threaten unwitting users with copyright liability, but also impede copyright’s own goals by …
Inducement Liability For Copyright Infringement Is Born: The Supreme Court Attempts To Remedy The Law's Broken Leg With A Cast On The Arm, Evan F. Fitts
Missouri Law Review
In the wake of Napster's demise, several software companies emerged, intending to capitalize on the high demand for free software that would enable users to access copyrighted music. Grokster, Ltd. ("Grokster") and StreamCast Networks, Inc. ("StreamCast") were two such software companies that, like Napster, were eventually sued for copyright infringement by numerous entertainment industry copyright holders. In Metro-GodwynMayer Studios Inc. v. Grokster, Ltd., the Supreme Court attempted to clarify when a product distributor could be held liable for the infinging acts of a third party that used its product. This note argues that although the Supreme Court's decision introduced a …
Highest Form Of Flattery - Application Of The Fair Use Defense Against Copyright Claims For Unauthorized Appropriation Of Litigation Documents, The, Davida H. Isaacs
Highest Form Of Flattery - Application Of The Fair Use Defense Against Copyright Claims For Unauthorized Appropriation Of Litigation Documents, The, Davida H. Isaacs
Missouri Law Review
Part II of the Article examines which types of legal works are entitled to the limited-time monopoly provided by copyright protection. Reviewing both the purpose of the memorandum of law and the complaint, as well as the process of drafting those documents, it becomes clear that not all such documents are the formulaic, fill-in-the-blanks works that some people may imagine. Indeed, many contain some portions which entail both original effort and creative judgment. For those documents in which the idea behind the original, creative expression may be expressed in a myriad of other ways, protection is proper. Portions of many …