Law Commons^™

Copyright And The Creative Process, Mark Bartholomew

Notre Dame Law Review

Copyright is typically described as a mechanism for encouraging the production of creative works. On this view, copyright protection should be granted to genuinely creative works but denied to non-creative ones. Yet that is not how the law works. Instead, almost anything—from test answer sheets to instruction manuals to replicas of items in the public domain—is deemed creative and therefore eligible for copyright protection. This is the consequence of a century of copyright doctrine assuming that artistic creativity is incapable of measurement, unaffected by personal motivation, and incomprehensible to novices and experts alike. Recent neuroscientific research contradicts these assumptions. It …

Copyright And Distributive Justice, Justin Hughes, Robert P. Merges

Notre Dame Law Review

Is our copyright system basically fair? Does it exacerbate or ameliorate

the skewed distribution of wealth in our society? Does it do anything at all

for disempowered people, people at the bottom of the socio-economic hierarchy?

In this Article we engage these questions. Our goal is to begin a more

comprehensive discussion of the effect the copyright system has on the allocation

of wealth in our society.

Lights, Camera, Legal Action: Assessing The Question Of Acting Performance Copyrights Through The Lens Of Comparative Law, Chrissy Milanese

Notre Dame Law Review

This Note will use comparative methods to consider whether an actor should have such an interest based on America’s international obligations under various intellectual property treaties, the treatment of acting performances in parallel foreign jurisdictions, and the current framework of American copyright law. Despite agreeing that, on the particular facts of Garcia, the Ninth Circuit reached the correct conclusion, this Note asserts that Garcia has identified a gap in American intellectual property law. In accordance with the fundamental principles underlying intellectual property law and global trends, this Note will argue that this problem should be addressed by incorporating into the …

Dancing Promotions, Dodging Preemption, And Defending Personas: Why Preempting The Right Of Publicity Deprives Talent The Publicity Protection They Deserve, Sean Elliott

Notre Dame Law Review

No abstract provided.

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.

The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry

Notre Dame Law Review

No abstract provided.

Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York

Notre Dame Law Review

No abstract provided.

Copyright Protection For Compilations Of Fact: Does The Originality Standard Allow Protection On The Basis Of Industrious Collection, Elizabeth M. Saunders

Notre Dame Law Review

No abstract provided.

Copyrightability Of Object Code, James Canfield

Notre Dame Law Review

No abstract provided.

Receive-Only Satellite Earth Stations And Piracy Of The Airwaves, David Hasper

Notre Dame Law Review

No abstract provided.