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Journal

2016

Copyright

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Institution
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Articles 91 - 120 of 120

Full-Text Articles in Law

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay Feb 2016

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


Copy Game For High Score: The First Video Game Lawsuit, William K. Ford Feb 2016

Copy Game For High Score: The First Video Game Lawsuit, William K. Ford

Journal of Intellectual Property Law

No abstract provided.


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong Jan 2016

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

The University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …


You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa Jan 2016

You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa

Brooklyn Law Review

The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click on …


Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider Jan 2016

Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider

Brooklyn Law Review

The copyright fair use test balances the copyright holder’s right to exclude others from using its work against the secondary user’s First Amendment right, yet this test is often too unpredictable and favors misappropriation, even the most commercial kind. The test is weakest when used to determine the legality of sexual parodies. The sexual nature of the parody should receive statutory consideration in the balancing test because vulgar and lewd speech is often deemed “low value” speech, and therefore the secondary user’s First Amendment right is weaker compared to the copyright owner’s right to exclude. Courts already consider the sexual …


Aesthetic Nondiscrimination & Fair Use, Brian L. Frye Jan 2016

Aesthetic Nondiscrimination & Fair Use, Brian L. Frye

Belmont Law Review

While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use transformativeness inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works. Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …


The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs Jan 2016

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications & Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …


Picasso On Staff: Employee Classification, Copyrights, And The Creative Process, Sarah A. Howes Jan 2016

Picasso On Staff: Employee Classification, Copyrights, And The Creative Process, Sarah A. Howes

Cybaris®

No abstract provided.


All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia Jan 2016

All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia

Marquette Intellectual Property Law Review

None


Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond Jan 2016

Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond

Marquette Intellectual Property Law Review

None


Copyrighting Tattoos: Artist Vs. Client In The Battle Of The (Waiver) Forms, Brayndi L. Grassi Jan 2016

Copyrighting Tattoos: Artist Vs. Client In The Battle Of The (Waiver) Forms, Brayndi L. Grassi

Mitchell Hamline Law Review

No abstract provided.


Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens Jan 2016

Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens

NYLS Law Review

No abstract provided.


Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown Jan 2016

Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown

Chicago-Kent Journal of Intellectual Property

No abstract provided.


“It’S Been A Hard Day’S Night” For Songwriters: Why The Ascap And Bmi Consent Decrees Must Undergo Reform, Brontë Lawson Turk Jan 2016

“It’S Been A Hard Day’S Night” For Songwriters: Why The Ascap And Bmi Consent Decrees Must Undergo Reform, Brontë Lawson Turk

Fordham Intellectual Property, Media and Entertainment Law Journal

In order to guarantee reasonable fees for songwriters, composers, and publishers, the consent decrees must undergo critical reform to account for how music is licensed in new media. Part I of this Note will provide background on the mechanics of music licensing, both traditional and through modern mediums, in order to explain why the two largest PROs initially entered into governmental consent decrees. Part II will discuss recent judicial determinations of “reasonable” licensing rates for public performances in new media and demonstrate the discrepancy in compensation between songwriters and their sound recording counterparts, namely record companies and recording artists. Finally, …


The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre Jan 2016

The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre

Fordham Intellectual Property, Media and Entertainment Law Journal

For the first time in history, the U.S. Supreme Court will address copyright protection in the context of apparel in the case Star Athletica, LLC v. Varsity Brands, Inc. This case tackles arguably the most vexing, unresolved question in copyright law: How to determine whether artistic features of a useful article—such as a garment or piece of furniture—are conceptually separable from the article and thus protectable. Indeed, this case comes more than sixty years after Mazer v. Stein, the Supreme Court’s first and,until this date, only decision in this area. A lack of clear guidance from the Supreme Court and …


College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler Jan 2016

College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler

Vanderbilt Journal of Entertainment & Technology Law

The recent O'Bannon v. NCAA decision, which gave student athletes a right in products that exploit their image and likeness, will have a profound impact on college athlete rights. This giant step forward will propel student athletes to fight for more intellectual property rights. Following the footsteps of professional athletes, these rights will likely include copyrighting sports moves, touchdown celebrations, and signature phrases as well as trademarking nicknames and touchdown dances. This Note encourages the adoption of a program giving student athletes these rights and allowing them to receive compensation, uncapped, that they would split evenly with his or her …


An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin Jan 2016

An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin

Case Western Reserve Law Review

Did Orson Welles co-author the infamous War of the Worlds broadcast? The Ninth Circuit Court of Appeals has told us no, primarily because he only contributed the idea behind the broadcast, and ideas alone can’t be copyrighted. “An Idea of Authorship” challenges this premise—that ideas, no matter how significant, cannot qualify for joint authorship in collaborative works—and argues that we as a society should, under certain circumstances, recognize idea-contributors like Welles as joint authors. We should do so to further our society’s interest in encouraging future creations, as well as out of a sense of equity and fairness to idea-contributors, …


Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar Jan 2016

Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar

Brooklyn Journal of International Law

The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …


No Copyright In The Law: A Basic Principle, Yet A Continuing Battle, Elizabeth Scheibel Jan 2016

No Copyright In The Law: A Basic Principle, Yet A Continuing Battle, Elizabeth Scheibel

Cybaris®

No abstract provided.


Beyond The Cloud: Why The Narrow Decision In American Broadcasting Cos. V. Aereo, Inc. May Have Broader Implications For Cloud-Computing, Robyn L. Rothman Jan 2016

Beyond The Cloud: Why The Narrow Decision In American Broadcasting Cos. V. Aereo, Inc. May Have Broader Implications For Cloud-Computing, Robyn L. Rothman

Touro Law Review

No abstract provided.


Where Copyright Meets Privacy In The Big Data Era: Access To And Control Over User Data In Agriculture And The Role Of Copyright, Tesh W. Dagne Jan 2016

Where Copyright Meets Privacy In The Big Data Era: Access To And Control Over User Data In Agriculture And The Role Of Copyright, Tesh W. Dagne

Vanderbilt Journal of Entertainment & Technology Law

The application of big data in different sectors of the economy and its transformative value has recently attracted considerable attention. However, this transformation, driven by the application of advanced technologies that utilize big data—such as the Internet of Things (IoT), artificial intelligence (AI), and software systems—raises concerns about access to and control over the user data that results from the uptake in using digital technologies. This Article examines the role different legal regimes have in framing access to and control over various forms of user data from the perspective of technology users in the agriculture sector. This Article then goes …


Reconsidering Copyright’S Constitutionality, Graham J. Reynolds Jan 2016

Reconsidering Copyright’S Constitutionality, Graham J. Reynolds

Osgoode Hall Law Journal

In 1996, in Compagnie Générale des Établissements Michelin – Michelin & Cie v National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) [Michelin], Justice Teitelbaum of the Federal Court (Trial Division) held both that specific provisions of the Copyright Act did not infringe the right to freedom of expression as protected under the Canadian Charter of Rights and Freedoms and that, even if they did, these provisions could be justified under s 1 of the Charter. Since Michelin, these conclusions have been treated by Canadian courts as settled. The purpose of this paper is to challenge these conclusions …


Defining The Press Clause: The End Of Hot News And The Attempt To Save Traditional Media, Adam Tragone Jan 2016

Defining The Press Clause: The End Of Hot News And The Attempt To Save Traditional Media, Adam Tragone

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos Jan 2016

Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Rectifying Fair Use After Cariou V. Prince: Reviving The Forgotten Statutory Text And Requiring That Unauthorized Copying Be Justified, Rather Than Merely “Transformative”, Daniel J. Brooks Jan 2016

Rectifying Fair Use After Cariou V. Prince: Reviving The Forgotten Statutory Text And Requiring That Unauthorized Copying Be Justified, Rather Than Merely “Transformative”, Daniel J. Brooks

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser Jan 2016

Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young Jan 2016

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.


Video Games And Intellectual Property: Similarities, Differences, And A New Approach To Protection, John Kuehl Jan 2016

Video Games And Intellectual Property: Similarities, Differences, And A New Approach To Protection, John Kuehl

Cybaris®

No abstract provided.


Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien Jan 2016

Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien

Michigan Law Review

In the theater of the courtroom or the rough and tumble arena of intellectual property policymaking, the day-to-day lives of creators are rarely presented. We often instead see one-dimensional vignettes, for example, “the new artist or band that has just released their [sic] first single and will not be paid for its success,” described on Taylor Swift’s Tumblr last summer when she initially withdrew from Apple’s music streaming service. While instructive, this description leaves out that Swift and other artists have long relied on “free play” mediums like radio and, more recently, YouTube to develop, not cannibalize, their audiences and …


Intellectual Property Law Hybridization, Clark D. Asay Jan 2016

Intellectual Property Law Hybridization, Clark D. Asay

University of Colorado Law Review

Traditionally, patent and copyright laws have been viewed as separate bodies of law with distinct utilitarian goals. Conventional wisdom holds that patent law aims to incentivize the production of inventive ideas, while copyright focuses on protecting the original expression of ideas, but not the underlying ideas themselves. This customary divide between copyright and patent laws finds some support in the distinction between "authors" and "inventors," as well as that between "writings" and "discoveries," in the U.S. Constitution's Intellectual Property Clause. And Congress, courts, and scholars have largely perpetuated the divide in separately enacting, interpreting, and analyzing copyright and patent laws …