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Articles 1 - 30 of 46
Full-Text Articles in Law
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
William & Mary Law Review
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Northern Illinois University Law Review
This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a …
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
School of Computer Science & Engineering Faculty Publications
The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost …
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Copyright's Empire: Why The Law Matters, Alina Ng
Copyright's Empire: Why The Law Matters, Alina Ng
Marquette Intellectual Property Law Review
Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …
Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese
Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese
Marquette Intellectual Property Law Review
Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.
Commercial Speech Jurisprudence And Copyright In Commercial Information Works, Alfred C. Yen
Commercial Speech Jurisprudence And Copyright In Commercial Information Works, Alfred C. Yen
South Carolina Law Review
No abstract provided.
The Protection Of Databases, Daniel J. Gervais
The Protection Of Databases, Daniel J. Gervais
Chicago-Kent Law Review
In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …
Intellectual Property, Free Trade Agreements And Economic Development, Anselm Kamperman Sanders
Intellectual Property, Free Trade Agreements And Economic Development, Anselm Kamperman Sanders
Georgia State University Law Review
No abstract provided.
Fitting United States Copyright Law Into The International Scheme: Foreign And Domestic Challenges To Recent Legislation, Michael B. Landau
Fitting United States Copyright Law Into The International Scheme: Foreign And Domestic Challenges To Recent Legislation, Michael B. Landau
Georgia State University Law Review
No abstract provided.
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
Chicago-Kent Law Review
No abstract provided.
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Chicago-Kent Law Review
No abstract provided.
Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Lionel Bently
Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Lionel Bently
Chicago-Kent Law Review
This paper examines the tension between trade and development, and its handling in multiple layers of law-making through an historical case study concerning copyright in India in the late-nineteenth and early-twentieth century. The paper explains the emergence of views in the Government of India of what copyright law should cover that reflected longstanding but not unproblematic assumptions about India's need for European knowledge and learning. The belief that India needed access to European knowledge informed resistance to the desires of British publishers that copyright owners should be able to control the making of translations of their works. These divergences between …
The Life Of An Author: Samuel Egerton Brydges And The Copyright Act 1814, Ronan Deazley
The Life Of An Author: Samuel Egerton Brydges And The Copyright Act 1814, Ronan Deazley
Georgia State University Law Review
No abstract provided.
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Creative Reading, Jessica Litman
Creative Reading, Jessica Litman
Law and Contemporary Problems
Litman argues that by ignoring the central importance of readers, listeners, viewers, and players in the copyright scheme, the essential policy question in determining whether a use of copyrighted material should be lawful is the way the use looks from the viewpoint of the copyright owner is conceded. The comfort level supplied by an implied license analysis is emblematic of the failure to pay enough attention to reader interests and there is need to take another look at copyright, keeping the significance of readers, listeners, and viewers in mind. Furthermore, failure to pay sufficient attention to the interests of readers, …
Should A Licensing Market Require Licensing?, Mark A. Lemley
Should A Licensing Market Require Licensing?, Mark A. Lemley
Law and Contemporary Problems
Many circumstances fair use should separate the idea that the copyright owner should be compensated for a use from the idea that the copyright owner should be able to control that use. The licensing-market cases provide a perfect vehicle for dividing rights but if a use is considered unfair because the copyright owner could have gotten paid to permit that use, the argument may or may not justify compensating the copyright owner for the loss, but it does not justify giving the copyright owner control over the defendant's use. Here, Lemley explains the development of the licensing-market rationale, critiques of …
Codifying A Commons: Copyright, Copyleft, And The Creative Commons Project, Adrienne K. Goss
Codifying A Commons: Copyright, Copyleft, And The Creative Commons Project, Adrienne K. Goss
Chicago-Kent Law Review
In response to problems of overprotection perceived in America's copyright scheme, the founders of the Creative Commons project have sought to create modular licenses allowing authors and artists to declaim some of the default protections associated with their copyright in order to grant public permission for use of their work in contexts such as nonprofit media or derivative works. This article reviews criticisms of the Creative Commons project and analyzes the project from the standpoint of copyright's overall policy goals, both domestically and internationally. Because copyright policy seeks to enhance the public supply of information and knowledge, the article concludes …
Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee
Canadian Journal of Law and Technology
The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …
Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet
Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet
Law and Contemporary Problems
Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but know less about the choices people make about copyright on a daily basis, especially when they are not working. Here, Tushnet examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Among other things, she discusses some differences between fair use and fan practices, focused around attribution as an alternative …
"By Night She Fought For Fair Use": Restoring The Integrity Of Copyright Law, One Comic-Book Reader At A Time, Jessica Sawyer Wang
"By Night She Fought For Fair Use": Restoring The Integrity Of Copyright Law, One Comic-Book Reader At A Time, Jessica Sawyer Wang
Michigan Law Review
Students of copyright law quickly learn that the subject is counterintuitive. One of the first revelations of this is-somewhat alarmingly-the purpose of copyright itself. Contrary to popular belief, copyright is not just about protecting an artist's creation, but sharing it. Simultaneously protecting a work and sharing it helps to fulfill the Constitution's mandate that Congress "promote the Progress of Science ... by securing for limited Times to Authors ... the exclusive Right to their ... Writings." In other words, Congress is to promote learning and the advancement of our culture. The symbiosis of protecting and sharing is effected through the …
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Washington and Lee Law Review
No abstract provided.
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D.
America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D.
Fordham Journal of Corporate & Financial Law
No abstract provided.