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Articles 1 - 6 of 6
Full-Text Articles in Law
Authors, Copyright And The Digital Evolution, Francina Cantatore
Authors, Copyright And The Digital Evolution, Francina Cantatore
Francina Cantatore
Copyright law has been constantly evolving in response to economic demands, in an attempt to balance utilitarian principles with the changing times and technological advances. However, unprecedented advances in technology have challenged legislature globally and are having a disruptive effect on traditional publishing models and the copyright provisions that underpin them. It is in this uncharted terrain that authors and publishers find themselves, with the legislature adopting a reactive position, trying to deal with copyright infringement problems as they present themselves on the one hand, and accommodating public demand for access to creative works on the other. This article focuses …
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Peter Jaszi
No abstract provided.
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Law Student Publications
This comment argues that the best way to clarify the answer to the question "Who's the author?" (and thus to clarify whether the creator has a termination right) is to resolve the circuit split in favor of a bright-line rule requiring execution of the written agreement prior to the creation of the work. Part I introduces the legal framework under which the issue must be analyzed. Part II reviews the holdings on each side of the circuit split. Part III presents the arguments that both proper statutory construction of U.S. copyright law and the legislative history of the termination right, …
A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning
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 …
Speech, Authorship, And Inventorship: A New Approach To Corporate Personhood, Sean M. O'Connor
Speech, Authorship, And Inventorship: A New Approach To Corporate Personhood, Sean M. O'Connor
Sean M. O'Connor
Recent developments relating to corporate speech, authorship, and inventorship suggest a collision of three policy principles: the right of associations to speak with a collective voice; the right of individuals to own or receive credit for the products of their intellect; and the need of innovation firms to control the intellectual output of individuals hired to create. In Citizens United, the Supreme Court upheld a right to corporate political speech as a form of collective voice. But in Stanford v. Roche, the Court affirmed the rule that patentable inventions vest ab initio with their natural person inventors. Meanwhile, in copyright …
The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta R. Kwall
The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta R. Kwall
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the issues of authorship, fixation, and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of "change" and authorship is more important now than ever before given how the digital age is revolutionizing the way the world thinks about authorship. By incorrectly maintaining that a living garden is not capable of copyright protection since it is unfixed, changeable, and partially …