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Full-Text Articles in Law
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu
Faculty Publications
This Article compares the natural rights property framework with the human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition, but they appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Advocates of a human rights approach to intellectual property contend, however, that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …
Discrimination In The Copyright Clause, Ned Snow
Discrimination In The Copyright Clause, Ned Snow
Faculty Publications
ABSTRACT Does Congress have power to deny copyright protection for specific content? The Copyright Clause grants Congress power to “promote the Progress of Science” by legislating copyright laws. Certainly some content may reasonably be viewed as failing to promote the progress of science. Violent video games or pornography, for instance, may reasonably be viewed as not promoting progress in science, even though they receive protection as free speech under the First Amendment. So even if the Free Speech Clause bars Congress from banning content, does the Copyright Clause provide Congress a permissible means to discourage production of that content? This …
Reach Out And Touch Someone: Reflections On The 25th Anniversary Of Feist Publications, Inc. V. Rural Telephone Service Co., Tyler T. Ochoa, Craig Joyce
Reach Out And Touch Someone: Reflections On The 25th Anniversary Of Feist Publications, Inc. V. Rural Telephone Service Co., Tyler T. Ochoa, Craig Joyce
Faculty Publications
2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status. Only a handful of court opinions and academic authors had expressed dissatisfaction with the existing state of the law concerning originality and data compilations.scure sources which have enhanced greatly the pages that follow. Further, the Tenth Circuit’s opinion in Feist …
What Is A "Useful Article" In Copyright Law After Star Athletica?, Tyler T. Ochoa
What Is A "Useful Article" In Copyright Law After Star Athletica?, Tyler T. Ochoa
Faculty Publications
In Star Athletica, LLC v, Varsity Brands, Inc., the Supreme Court decided the appropriate test to determine when a feature of a useful article is protectable under §101 of the Copyright Act. However, there is an antecedent question that must be answered first before the Supreme Court's two part test in Star Athetica may be invoked.
Artistic Control After Death, Eva Subotnik
Artistic Control After Death, Eva Subotnik
Faculty Publications
To what extent should authors be able to control what happens to their literary, artistic, and musical creations after they die? Viewed through the lens of a number of succession law trends, the evidence might suggest that strong control is warranted. The decline of the Rule Against Perpetuities and rise of incentive trusts reflect a tightening grip of the dead hand. And yet, an unconstrained ability of the dead to determine future uses of literature, art, and music is a fundamentally troubling notion. This Article evaluates the instructions authors give with respect to their authorial works against the backdrop of …