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Full-Text Articles in Law

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li Oct 2012

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.


Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll May 2012

Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll

Articles in Law Reviews & Other Academic Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …


A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning Mar 2012

A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning

USF Tampa Graduate Theses and Dissertations

This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there …


Minecraft As Web 2.0: Amateur Creativity In Digital Games, Greg Lastowka Jan 2012

Minecraft As Web 2.0: Amateur Creativity In Digital Games, Greg Lastowka

Greg Lastowka

This book chapter considers how the digital game Minecraft has both enabled and benefited from various Web 2.0 practices. I begin with an explanation of the concept of Web 2.0 and then consider how that concept applies to the space of digital games.