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Full-Text Articles in Law
The Economics Of Open Access Law Publishing, Jessica Litman
The Economics Of Open Access Law Publishing, Jessica Litman
Jessica Litman
The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of copyright in the dissemination of scholarly research is in many ways curious, since neither authors nor the entities who compensate them for their authorship are motivated by the incentives supplied by the copyright system. Rather, copyright is a bribe to entice professional publishers and printers to reproduce and distribute scholarly works. As technology has spawned new methods of restricting access to works, and copyright law has enhanced copyright owners’ rights to …
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Nicola Lucchi
Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …
Rebalancing Section 512 To Protect Fair Users From Herds Of Mice-Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack
Malla Pollack
I agree with the basic concept of 17 U.S.C. § 512; to protect Internet functionality, ISPs should have robust safe harbors against liability for their subscribers' copyright infringement. However, the current details of the notice and take down system are both unfair to the general public and unnecessary to the economic health of the United States. I suggest a robust, statutorily established digital fair use right backed by a notice and take down procedure protecting fair users. At a minimum, use of a purchased music file on any of the purchaser's equipment should be fair use. Preferably, all personal non-commercial …
Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack
Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack
Malla Pollack
Feminism does not speak with a single voice. Each voice tells a different story. These stories include attacks on the gendered scope of United States copyrightable and patentable subject matter. The first wave of feminism, liberal feminism, argued that women were as rational and competent as men. It complained about the objective exclusion of women from opportunity. This feminist view might applaud the expansion of copyright and the greater ease of its availability (due to the end of formalities pursuant to the Berne Implementation Act). Liberal feminism, however, finds unacceptable copyright’s exclusion of traditional women’s work: food and clothing. Essentialist …
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
Graeme B. Dinwoodie
No abstract provided.