Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Reasonable Appropriation And Reader Response, Laura A. Heymann Jan 2019

Reasonable Appropriation And Reader Response, Laura A. Heymann

Faculty Publications

Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and stating that the key to …


Copyright Publication: An Empirical Study, Deborah R. Gerhardt Jan 2011

Copyright Publication: An Empirical Study, Deborah R. Gerhardt

Faculty Publications

No abstract provided.


The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann Apr 2009

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Faculty Publications

No abstract provided.


Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann Jul 2008

Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann

Faculty Publications

No abstract provided.


The Trademark/Copyright Divide, Laura A. Heymann Jan 2007

The Trademark/Copyright Divide, Laura A. Heymann

Faculty Publications

No abstract provided.


Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt Jan 2006

Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt

Faculty Publications

No abstract provided.


Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin Jan 2005

Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin

Faculty Publications

No abstract provided.


Copyrighting Facts, Michael S. Green Oct 2003

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Jan 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


Contracts, Copyright And Preemption In A Digital World, I. Trotter Hardy Jan 1995

Contracts, Copyright And Preemption In A Digital World, I. Trotter Hardy

Faculty Publications

No abstract provided.


An Economic Understanding Of Copyright Law's Work-Made-For-Hire Doctrine, I. Trotter Hardy Jan 1988

An Economic Understanding Of Copyright Law's Work-Made-For-Hire Doctrine, I. Trotter Hardy

Faculty Publications

No abstract provided.


Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen Jan 1986

Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen

Faculty Publications

No abstract provided.


News: Public Right V. Property Right, William F. Swindler Jan 1959

News: Public Right V. Property Right, William F. Swindler

Faculty Publications

No abstract provided.