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Articles 211 - 215 of 215
Full-Text Articles in Law
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Articles by Maurer Faculty
No abstract provided.
Note On The Problem Of Flexible Standards - 1983, Wendy J. Gordon
Note On The Problem Of Flexible Standards - 1983, Wendy J. Gordon
Scholarship Chronologically
My basic contention is that courts have been giving plaintiffs tort and property rights in intangible without any greater justification than that those persons had “created” the intangible.
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Scholarship Chronologically
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Faculty Scholarship
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.