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Full-Text Articles in Law

What We Don't See When We See Copyright As Property, Jessica Litman Nov 2018

What We Don't See When We See Copyright As Property, Jessica Litman

Articles

For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory ...


Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr. Aug 2018

Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.

Law Faculty Scholarship

"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.


What We Don't See When We See Copyright As Property, Jessica Litman May 2018

What We Don't See When We See Copyright As Property, Jessica Litman

Law & Economics Working Papers

It is becoming increasingly clear that the supposed copyright wars that copyright scholars believed we were fighting – nominally pitting the interests of authors and creators against the interests of readers and other members of the audience – were never really about that at all. Instead the real conflict has been between the publishers, record labels, movie studios, and other intermediaries who rose to market dominance in the 20th century, and the digital services and platforms that have become increasingly powerful copyright players in the 21st. In this essay, adapted from the 13th annual University of Cambridge Center for Intellectual Property and ...


From Little Acorns, Nicholas A. Robinson Jan 2018

From Little Acorns, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Inaugurating Writing Nature: A Seasonal Program of Readings of Nature Writings, under the shared auspices of the Teatown Lake Reservation and the Hudson Valley Writers Center. Presented at the Hudson Valley Writers Center, Sleepy Hollow, New York.


Notable Alumni Authors, New York Law School Jan 2016

Notable Alumni Authors, New York Law School

At 125 Years

A list of books authored by NYLS alumni.


Should Your Law Review Article Have An Abstract And Table Of Contents?: An Empirical Analysis, Christopher A. Cotropia Jan 2016

Should Your Law Review Article Have An Abstract And Table Of Contents?: An Empirical Analysis, Christopher A. Cotropia

Law Faculty Publications

A review of the relevant literature turned up no studies examining the influence of abstracts on citation to law review articles. Nor were studies found examining the influence of tables of contents. To chart this territory, we explore whether abstracts and tables of contents impact the scholarly influence of academic work in the field of legal studies by using a large sample of law review articles published in top 100 law reviews. Part I describes our methodology while Part II reports the results. Part III summarizes the results and discusses them in view of the title question: should your law ...


What Notice Did, Jessica D. Litman Jan 2016

What Notice Did, Jessica D. Litman

Articles

In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in ...


Authority And Authors And Codes, Michael J. Madison Jan 2016

Authority And Authors And Codes, Michael J. Madison

Articles

Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden by the CFAA. Courts are divided in their interpretation of this language in the statute. This Article first proposes to address the issue with an insight from social science research. Neither criminal nor civil liability under the CFAA should attach unless the alleged violator has transgressed some border or boundary that is rendered visible ...


Silent Similarity, Jessica D. Litman Apr 2015

Silent Similarity, Jessica D. Litman

Articles

From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the ...


Ip Basics: Copyright In Written Work, Thomas G. Field Jr. Jan 2015

Ip Basics: Copyright In Written Work, Thomas G. Field Jr.

Law Faculty Scholarship

Written primarily for free-lance writers, this discussion addresses ownership and duration of copyrights, deposit and registration, notice, and remedies that are closely tied to prompt registration. It also discusses licensing and other matters of interest, as well as the need for counsel.


Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon Jan 2013

Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon

Faculty Scholarship

The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily ...


Readers' Copyright, Jessica D. Litman Jan 2011

Readers' Copyright, Jessica D. Litman

Articles

My goal in this project is to reclaim copyright for readers (and listeners, viewers, and other members of the audience). I think, and will try to persuade you, that the gradual and relatively recent disappearance of readers’ interests from the core of copyright’s perceived goals has unbalanced the copyright system. It may have prompted, at least in part, the scholarly critique of copyright that has fueled copyright lawyers’ impression that “so many in academia side with the pirates.” It may also be responsible for much of the deterioration in public support for copyright. I argue here that copyright seems ...


Copyright As Property In The Post-Industrial Economy: A Research Agenda, Julie E. Cohen Jan 2011

Copyright As Property In The Post-Industrial Economy: A Research Agenda, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The incentives-for-authors formulation of copyright’s purpose is so deeply ingrained in our discourse and our thought processes that it is astonishingly hard to avoid invoking, even when one is consciously trying not to do so. Yet avoiding that formulation is exactly what we ought to be doing. Everything we know about creativity and creative processes suggests that copyright plays very little role in motivating creative work. In the contemporary information society, the purpose of copyright is to enable the provision of capital and organization so that creative work may be exploited. And the choice of copyright as a principal ...


Creative Reading, Jessica D. Litman Jan 2007

Creative Reading, Jessica D. Litman

Articles

Let me begin with something that Jamie Boyle wrote ten years ago in Intellectual Property Policy Online: A Young Person's Guide:' Copyright marks the attempt to achieve for texts and other works a balance in which the assumption of the system is that widespread use is possible without copying. The relative bundles of rights of the user and the owner achieve their balance based on a set of economic and technical assumptions about the meaning of normal use. For our purposes, I would like to generalize this as something that Boyle might have written if he had not in ...


Google's (Fair) Use Of Copyrighted Work, James Gibson Oct 2005

Google's (Fair) Use Of Copyrighted Work, James Gibson

Law Faculty Publications

Letters to the Editor on Google's (Fair) Use of Copyrighted Work


Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison Apr 2004

Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison

UF Law Faculty Publications

It is the position of this article that the benefits of a regime of copyright law can be maintained while shedding at least some of the wastefulness of monopolistic competition. This article cuts against the grain of modem copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. In Section II, I will elaborate on the allocative/distributive distinction and their interconnectedness. In Section III, I will focus on an enhanced creativity standard and argue that an elevated ...


Swinford, Mac, 1899-1975 (Sc 1449), Manuscripts & Folklife Archives Jan 2001

Swinford, Mac, 1899-1975 (Sc 1449), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1449. Letter, 21 April 1970, of U.S. District Court Judge Mac Swinford, Lexington, Kentucky, to Crawford Crowe, Bowling Green, Kentucky, fulfilling a request for a copy of his book Kentucky Lawyer. He declines to vouch for the accuracy of the book's historical facts "other than as legend."


The Public Domain, Jessica D. Litman Jan 1990

The Public Domain, Jessica D. Litman

Articles

This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality ...


Book Review: Law Library Journal Cumulative Index, Volumes One To Fifty, Harry Bitner Jan 1959

Book Review: Law Library Journal Cumulative Index, Volumes One To Fifty, Harry Bitner

Faculty Scholarship Series

One might well ask why an Index
is or should be reviewed. Librarians
know only too well the importance of
a good index and particularly a cumulative
index to a long run of volumes
of an important professional periodical.
What we need to know is, is it a
good index and does it do what it
should. The answer here is definitely
yesl In addition it also provided this
reviewer with an interesting summary
of the history of the Law Library profession
and the American Association
of Law Libraries.