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Full-Text Articles in Law

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder Aug 2019

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

The quarter century since Barlow’s writing allows us to assess his prophecy. The economy moved in the very direction that Barlow anticipated—from an economy focused on the ownership of things to an economy based on services and experiences. In high-income countries, services now account for three-quarters of the gross domestic product.

But intellectual property proved more resilient and adaptable than Barlow predicted. Intellectual property law both offered exceptions where necessary, while simultaneously expanding to cover new forms of creativity and activities. In this short essay, we argue that, for good or ill, intellectual property has reconfigured itself for ...


Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher May 2019

Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher

Technical Services Faculty Presentations

Slides from a presentation, "Reuse, Remix, and Create with Creative Commons Licenses," presented at the Rhode Island Library Association Annual Conference 2019, Get Informed!, on May 23, 2019 in North Smithfield, Rhode Island.

An openly-shared Google Slides version of this presentation is also available at https://bit.ly/2w6maqH.

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REUSE, REMIX, AND CREATE WITH CREATIVE COMMONS LICENSES | ROOM 2A

What are Creative Commons (CC) licenses and how do they work? What is the difference between something that is free online and something that is truly “open”? Did you know that it is often a Creative Commons license that puts the ...


Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster Apr 2019

Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

Supplemental sources handed out during a presentation given on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln.

Topics: Copyright, Fair Use, Educational use, UNL Digital Commons.


Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner Apr 2019

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Basic copyright: Know your rights; Copyright registration; Rights conferred; Length of term; Infringement

Licensing and contracts: Addenda to copyright that limit or extend your work; Permissions; Evaluating predatory journals; Creative Commons licenses; Gold Open Access/APCs

Fair use: How to fairly and legally use copyrighted materials in your own work; Plagiarism vs. copyright

Educational use: "Can I use this {image, quote, video clip, ...} in my {lecture, course materials, dissertation, ...}"

Copyright considerations, UNL Digital Commons: Publishing: books, journals; Green Open Access


Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner Apr 2019

Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.


Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner Apr 2019

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner

Library Conference Presentations and Speeches

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who owns UNL content?

Who owns UNL courses?

Green Open access

Most commercial ...


Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner Apr 2019

Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Answers to a quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.


Thinking Globally About Copyright: Arsc At The World Intellectual Property Organization, Eric Harbeson Apr 2019

Thinking Globally About Copyright: Arsc At The World Intellectual Property Organization, Eric Harbeson

American Music Research Center Faculty Contributions

Though copyright is, for the most part, largely a function of the rules in any given country, much of our law is shaped by international negotiations and agreements. In addition to the normative role they play in our own laws, discussions over the likes of trade agreements and treaties play a significant role in shaping the trajectory of the laws. Currently, discussions are in progress over two potential international agreements that could have a significant impact on recorded sound collecting and access. For this reason, following on the heels of some of our recent success in domestic copyright advocacy, ARSC ...


Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney Selby Mar 2019

Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney Selby

Faculty Publications

On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and ...


Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby Mar 2019

Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby

Hofstra Law Faculty Scholarship

On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and ...


Censorial Copyright, Shyamkrishna Balganesh Feb 2019

Censorial Copyright, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

Censorial copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet, modern thinking has attempted to undermine their place within copyright law, and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that censorial copyright claims form a legitimate part of the copyright landscape. It shows how censorial copyright ...


Don’T Steal My Recipe! A Comparative Study Of French And U.S. Law On The Protection Of Culinary Recipes And Dishes Against Copying, Claire M. Germain Feb 2019

Don’T Steal My Recipe! A Comparative Study Of French And U.S. Law On The Protection Of Culinary Recipes And Dishes Against Copying, Claire M. Germain

Working Papers

Food and gastronomy are at the heart of every culture. In 2010, The Gastronomic Meal of the French was listed as Intangible Cultural Heritage of Humanity by UNESCO. Interest in gastronomy became mainstream in the U.S. starting in the late ‘70s/early ‘80s. The emergence of cooking literature, television cooking, celebrity chefs, and competitive cooking programs have now permeated American and French popular culture like never before. It is also a huge business for restaurants. This article examines the legal status of recipes and culinary creations in U.S. and French law, and what can be done to stop ...


Toward The Personalization Of Copyright Law, Adi Libson, Gideon Parchomovsky Jan 2019

Toward The Personalization Of Copyright Law, Adi Libson, Gideon Parchomovsky

Faculty Scholarship at Penn Law

In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.


Convergence And Conflation In Online Copyright, Christopher A. Cotropia, James Gibson Jan 2019

Convergence And Conflation In Online Copyright, Christopher A. Cotropia, James Gibson

Law Faculty Publications

The Digital Millennium Copyright Act is showing its age. Enacted in 1998, the DMCA succeeded in its initial goal of bringing clarity to wildly inconsistent judicial standards for online copyright infringement. But as time has passed, the Act has been overtaken—not by developments in technology, but by developments in copyright’s case law. Those cases are no longer as divergent as they were in the last millennium. Instead, over time the judicial standards and the statutory standards have converged, to the point where the differences between them are few.

At first glance, this convergence seems unproblematic. After all, uniformity ...


Copyright Arbitrage, Kristelia A. Garcia Jan 2019

Copyright Arbitrage, Kristelia A. Garcia

Articles

Regulatory arbitrage—defined as the manipulation of regulatory treatment for the purpose of reducing regulatory costs or increasing statutory earnings—is often seen in heavily regulated industries. An increase in the regulatory nature of copyright, coupled with rapid technological advances and evolving consumer preferences, have led to an unprecedented proliferation of regulatory arbitrage in the area of copyright law. This Article offers a new scholarly account of the phenomenon herein referred to as “copyright arbitrage.”

In some cases, copyright arbitrage may work to expose and/or correct for an extant gap or inefficiency in the regulatory regime. In other cases ...


Copyright Term And The Public Domain In The United States, Peter B. Hirtle Jan 2019

Copyright Term And The Public Domain In The United States, Peter B. Hirtle

Copyright, Fair Use, Scholarly Communication, etc.

Footnote 1:

  1. This chart was first published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999. This version is current as of 1 January 2019. The most recent version is found at https://copyright.cornell.edu/publicdomain. For some explanation on how to use the chart and complications hidden in it, see Peter B. Hirtle, "When is 1923 Going to Arrive and Other Complications of the U.S. Public Domain," Searcher (Sept 2012). The chart is based in part on Laura N. Gasaway's chart, "When Works Pass Into the Public ...


Derivative Works And Making Sense Of The Maxim That 'Others Are Free To Copy The Original. They Are Not Free To Copy The Copy.', David E. Shipley Jan 2019

Derivative Works And Making Sense Of The Maxim That 'Others Are Free To Copy The Original. They Are Not Free To Copy The Copy.', David E. Shipley

Scholarly Works

This is a paper about some of the most entertaining and challenging cases in America’s copyright law jurisprudence concerning derivative works as copyrightable subject matter, and the closely related right to prepare derivative works. The cases are entertaining because they involve very familiar works of authorship, and they are challenging because the rulings are often difficult to reconcile due to the fact that the courts are grappling with copyright’s elusive originality standard as applied to derivative works as well the copyright owner’s right to prepare derivative works. Instead of attempting to say something ‘original’ about originality, my ...


Embedding Content Or Interring Copyright: Does The Internet Need The "Server Rule"?, Jane C. Ginsburg, Luke Ali Budiardjo Jan 2019

Embedding Content Or Interring Copyright: Does The Internet Need The "Server Rule"?, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

The “server rule” holds that online displays or performances of copyrighted content accomplished through “in-line” or “framing” hyperlinks do not trigger the exclusive rights of public display or performance unless the linker also possesses a copy of the underlying work. As a result, the rule shields a vast array of online activities from claims of direct copyright infringement, effectively exempting those activities from the reach of the Copyright Act. While the server rule has enjoyed relatively consistent adherence since its adoption in 2007, some courts have recently suggested a departure from that precedent, noting the doctrinal and statutory inconsistencies underlying ...


Revisiting Controlled Digital Lending Post-Redigi, Michelle M. Wu Jan 2019

Revisiting Controlled Digital Lending Post-Redigi, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Now that the Second Circuit has ruled on the ReDigi appeal, some libraries and users may be curious to see how the decision factors into controlled digital lending (CDL) efforts. To understand the interest and the implications, we first need to establish the basic contours of copyright, fair use, CDL, and ReDigi.


Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson Nov 2018

Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson

Presentations

This presentation discusses eReserves, the 11th circuit and copyright issues surrounding the Georgia State University case heard by Judge Evans in 2008.


Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal Nov 2018

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.


Intellectual Property In Experience, Madhavi Sunder Nov 2018

Intellectual Property In Experience, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


Price Discrimination & Intellectual Property, Michael Meurer, Ben Depoorter Oct 2018

Price Discrimination & Intellectual Property, Michael Meurer, Ben Depoorter

Faculty Scholarship

This chapter reviews the law and economics literature on intellectual property law and price discrimination. We introduce legal scholars to the wide range of techniques used by intellectual property owners to practice price discrimination; in many cases the link between commercial practice and price discrimination may not be apparent to non-economists. We introduce economists to the many facets of intellectual property law that influence the profitability and practice of price discrimination. The law in this area has complex effects on customer sorting and arbitrage. Intellectual property law offers fertile ground for analysis of policies that facilitate or discourage price discrimination ...


Copyright And Underwater Cultural Heritage, Tyler T. Ochoa Jul 2018

Copyright And Underwater Cultural Heritage, Tyler T. Ochoa

Faculty Publications

This article will focus on three aspects of copyright law as it applies to the photography of underwater cultural heritage. First, to what extent can a salvor claim exclusive rights to photograph a particular site? Second, who is the author (or who are the authors) of such underwater photography, which increasingly involves the use of remote-controlled robotic drones? Third, to what extent can a State control the use of underwater photography that falls within its territorial waters?8 All three of these aspects have been the subject of lawsuits and judicial opinions in the United States; and those opinions shed ...


Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West Jun 2018

Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West

Seattle University Law Review SUpra

No abstract provided.


Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella Jun 2018

Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella

Publications and Research

This presentation looks at how the words "including" and "such as" in the fair use section of United States copyright law (i.e., Section 107 of Title 17 of the United States Code) allow for unforeseen fair uses, including transformative works made by digital humanists.


Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle Jun 2018

Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle

Library Faculty and Staff Publications

This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this ...


Copyright As Legal Process: The Transformation Of American Copyright Law, Shyamkrishna Balganesh Jun 2018

Copyright As Legal Process: The Transformation Of American Copyright Law, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as a form of private law—focusing on horizontal rights, privileges and private liability—copyright law is today understood principally through its public-regarding goals and institutional apparatus, in effect as a form of public law. This transformation is the result of changes in the ideas of law and law-making that occurred in American legal thinking following World War II, manifested in the deeply influential philosophy of the Legal Process School of jurisprudence which shaped the modern American copyright landscape. In the ...


Fair Use In The Visual Arts: Lesson Plans For Librarians, Alexander Watkins, Bridget Madden, Alexandra Provo, Danielle Reay, Anna Simon Jun 2018

Fair Use In The Visual Arts: Lesson Plans For Librarians, Alexander Watkins, Bridget Madden, Alexandra Provo, Danielle Reay, Anna Simon

University Libraries Faculty & Staff Contributions

The authors guide art information professionals in crafting learning experiences that empower students to understand copyright and take advantage of fair use in their art, design, and academic practices. The College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, endorsed by ARLIS/NA in 2015, is a key document that has the potential to transform the use of images in the visual arts. Education will be an essential part of the integration of the Code into the visual arts, and art information professionals are well positioned to teach fair use and the Code. This ...


Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw Jun 2018

Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw

Research Collection School Of Law

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed ...