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Full-Text Articles in Law
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, Susan P. Liemer
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, Susan P. Liemer
Publications
When Congress passed the Visual Artists Rights Act ("VARA") in 1990, it introduced into our federal law concepts that had been shut out of Anglo-American intellectual property law for over 200 years. VARA gives visual artists the right of attribution, i.e., the right to have their work properly attributed to them, and the right of integrity, i.e., the right to not have their work altered or destroyed without their permission. While others have studied the history of Anglo-American copyright from the advent of the printing press, they make few references to the type of rights granted by VARA. To fill …
Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher
Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher
Publications
The "right of publicity" is an unusual, relatively under-developed, and controversial form of state-law created intellectual property that protects against the unauthorized appropriation of one's likeness, image or identity. Even in California, with its prominent entertainment and celebrity industries, the right of publicity has many vague and uncertain contours and its scope remains undefined In particular, one issue that remains unclear in California (and in most other jurisdictions that recognize rights of publicity) is the proper balance between rights of publicity and First Amendment rights of free speech and expression. This issue was squarely and dramatically raised by the ODM …
The Baby And The Bathwater Too: A Critique Of American Library Ass’N V. U.S., Marc H. Greenberg
The Baby And The Bathwater Too: A Critique Of American Library Ass’N V. U.S., Marc H. Greenberg
Publications
In June 2003, the Supreme Court, in United States v. American Library Ass’n, sent tremors through libraries nationwide when it reversed a finding of the United States District Court (USDC) in Philadelphia that held the Child Internet Protection Act (CIPA) was facially violative of the First Amendment rights of library patrons. Under CIPA, all libraries that accepted federal funding to cover the costs of providing Internet access to their patrons were required to install filtering software programs on their computers to prevent patrons from seeing any material that was obscene or “harmful to minors.” The law was not limited to …
The Ghost Of Telecommunications Past, Philip J. Weiser
The Ghost Of Telecommunications Past, Philip J. Weiser
Publications
Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …