Law Commons^™

The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway

Journal of Intellectual Property Law

No abstract provided.

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.

Journal of Intellectual Property Law

No abstract provided.

Introduction - L. Ray Patterson: Copyright (And Its Master) In Historical Perspective, Craig Joyce

Journal of Intellectual Property Law

No abstract provided.

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 …

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.

A Functional Approach To Copyright Policy, Robert E. Suggs

University of Cincinnati Law Review

No abstract provided.

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

University of Richmond Law Review

No abstract provided.

A Copyright Right Of Publicity, Reid Kress Weisbord

Fordham Law Review

This Article identifies a striking asymmetry in the law’s disparate treatment of publicity-rights holders and copyright holders. State-law publicity rights generally protect individuals from unauthorized use of their name and likeness by others. Publicity-claim liability, however, is limited by the First Amendment’s protection for expressive speech embodying a “transformative use” of the publicity-rights holder’s identity. This Article examines for the first time a further limitation imposed by copyright law: when a publicity-rights holder’s identity is transformatively depicted in a copyrighted work without consent, the author’s copyright can produce the peculiar result of enjoining the publicity-rights holder from using or engaging …

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Journal of Intellectual Property Law

No abstract provided.

Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry

Journal of Intellectual Property Law

No abstract provided.

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard

Journal of Intellectual Property Law

No abstract provided.

Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis

Journal of Intellectual Property Law

No abstract provided.

Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng

Journal of Intellectual Property Law

No abstract provided.

Copyrightability Of Leed-Certified Buildings: Approaching The Awcpa To Promote Green Architecture, Stephen Accursio Maniscalco

St. John's Law Review

(Excerpt)

Part I of this Note discusses green architecture, the history and structure of the LEED certification system, and the history and structure of the AWCPA. Part II discusses the approaches courts have taken in applying the AWCPA. Finally, Part III explores ways that LEED may affect courts’ analyses. It explains why and how courts may deny copyright protection in many elements of LEED-certified architectural works. It then proposes a reading of the AWCPA that will provide appropriate copyright protection to green buildings that are original in design. This Note argues that courts should not consider green market demands, the …

Locking Out Locke: A New Natural Copyright Law, Joseph A. Gerber

Fordham Intellectual Property, Media and Entertainment Law Journal

For decades lawyers, professors, philosophers, and law students have been trapped in an endless, two-sided debate regarding the justification for copyright law in the United States. On one side stand the utilitarians, who argue that modern American copyright law amounts to nothing more than positive law2 in the form of an economic incentive for authors to express themselves creatively. Natural law theorists, on the other hand, argue that there is some- thing more substantial behind the current copyright regime—that copyright is not merely a formulation of positive law, but a recogni- tion of philosophical principles of ownership inherent in the …

Intellectual Property Checklist For Marketing The Recording Artist Online, Amy J. Everhart

Journal of Intellectual Property Law

No abstract provided.

Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale

Journal of Intellectual Property Law

No abstract provided.

The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley

Journal of Intellectual Property Law

No abstract provided.

Scenes From The Copyright Office, Brian L. Frye

Touro Law Review

No abstract provided.

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

Lights! Camera! Infringement? Exploring The Boundaries Of Whether Fan Films Violate Copyrights, Jyme Mariani

Akron Intellectual Property Journal

This Thesis examines the situation that de los Rios and other fan filmmakers face because of the inherent conflict fan films have with the original author’s intellectual property rights. It outlines the culture and specifics of fan fiction and the different subgenres within it and their relationship with one another. This Thesis also traces the origins of fan films to gain a better understanding of why filmmakers create them and the potential legal battles that have developed over time. The potential legal issues discussed address the rights of the original author and how courts have interpreted copyright protection for individual …

Andy Warhol's Pantry, Brian L. Frye

Akron Intellectual Property Journal

This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should incorporate a “Warhol test.”

Food Patents: The Unintended Consequences, Jay Dratler Jr.

Akron Intellectual Property Journal

This short paper explores the unintended consequences of this strong economic incentive. The underlying assumptions of patent law and its economic incentive are that innovation is good, and newer is better. But is that always so? Science and history suggest maybe not, for some very fundamental reasons. And there are reasons to believe that the risks of unintended consequences of innovation in food may be more hazardous than those in other fields of innovation.

"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind

Loyola of Los Angeles Entertainment Law Review

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …

A Sui Generis System Of Protection For Exceptionally Original Fashion Designs

Loyola of Los Angeles Entertainment Law Review

Despite the robust nature of the fashion industry, which has been largely unprotected by copyright, there is a clamor among certain sectors for stronger protection for fashion designs and the apparel manufactured from these designs. This article acknowledges that full-dress copyright protection is unnecessary, impracticable, and harmful; however, it proposes a middle-ground: a sui generis system of protection that only protects fashion designs and pieces of apparel that are exceptionally original, and does so only against other articles that are substantially identical.

This article provides a standard (“exceptionally original”) that will protect a fashion design only if it meets certain …

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 …

Resolving Priority Disputes In Intellectual Property Collateral, Paul Heald

Journal of Intellectual Property Law

No abstract provided.

Redigi And The Resale Of Digital Media: The Courts Reject A Digital First Sale Doctrine And Sustain The Imbalance Between Copyright Owners And Consumers, Monica L. Dobson

Akron Intellectual Property Journal

Part II of this comment will explain the history of the first sale doctrine, observe how Congress has modified the doctrine over time, and examine how the courts have interpreted the doctrine in light of various technological innovations. Part III will address the problems associated with digital media and examine the concerns of both copyright owners and consumers surrounding a digital first sale doctrine. Part IV will discuss the recent federal district court case, Capitol Records, LLC v. ReDigi Inc., which dealt with the issue of the first sale doctrine’s applicability to digital media, and explain why the court …