Law Commons^™

Credit Cards, Attorney's Fees, And The Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win The Battle But Nevertheless Lose The War, Jennifer M. Smith

Journal Publications

This Article addresses the current credit card industry and its detrimental impact on society, and it discusses the history and purpose of attorney's fees, as well as the pitfalls in attorney's fee legislation. It analyzes the case study under various state laws, with heavy emphasis on Florida and California law, then recommends a legislative change or judicial intervention to ensure that creditors incur financial responsibility when they erroneously sue consumers. With these changes, consumers are made whole when they must defend themselves against small claims lawsuits erroneously filed against them, so as not to become victims of needless debt.

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, William Henslee

Journal Publications

The Recording Industry Association of America ("RIAA") has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its "making available" theory, or anyone who offers to distribute copyrighted music without the owner's consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is "made available" or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …

You Can't Always Get What You Want, But If You Try Sometimes You Can Steal It And Call It Fair Use: A Proposal To Abolish The Fair Use Defense For Music, William Henslee

Journal Publications

The fair use doctrine in copyright has become the excuse for every creatively challenged author who gets caught using someone else's intellectual property without paying for it and tries to pass it off as his or her own. Fair use has also become the means to use someone else's work for purposes unrelated to the original without paying for the use.

While there are scholars who believe fair use should be more widely applicable than it already is, this Article will discuss how the fair use defense in music has been expanded far beyond the original legislative intent and has …