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Full-Text Articles in Law
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Marquette Intellectual Property Law Review
The United States Copyright Act with the inclusion of the Visual Artists Rights Act of 1990 (VARA) gives sculptors, painters, and photographers a bundle of rights that include the moral rights of attribution and integrity. However, the artistic efforts of artists who create quilts, whether the original purpose was to hang the quilt on the wall or to provide warmth and comfort on a bed, are not included in VARA due to the exclusion of applied art from VARA. This Comment contends that the Congressional intent to protect the highly personal connection artists have to their creations supports extending the …
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Marquette Intellectual Property Law Review
As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Marquette Intellectual Property Law Review
This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works. …