Law Commons^™

“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt

Fordham Intellectual Property, Media and Entertainment Law Journal

Dr. Martin Luther King wrote and delivered his famous “I Have a Dream” speech more than fifty years ago. When he obtained copyright protection on the speech in 1963, Dr. King (and later his estate) would have expected the copyright to last a maximum of fifty-six years. That fifty-six-year copyright has become a ninety-five-year copyright, thanks to lengthy duration extensions enacted by Congress in the mid-1970s and late 1990s. As a result, the copyright on the “I Have a Dream” speech will not expire until the end of 2058. Because the Estate of Martin Luther King, Jr., Inc. and its …

The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan

Utah Law Faculty Scholarship

Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …

Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …

Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman

Pace Law Review

The focus of this article will be on what I call DMCA 2.0. It will begin by discussing the Digital Millennium Copyright Act (DMCA) and why that statute, passed in 1998 to shore up the enforceability of copyright online by protecting content providers’ ability to engage in forms of technological self-help against online copyright infringers, has been problematic. Part II describes largely unsuccessful efforts in the form of statutes and trade agreements to shore up the DMCA. Part III turns to the latest salvo, the adoption of “voluntary agreements” whereby content owners and ISPs, in particular social media platforms, join …

Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson

Margaret Ann Wilkinson

No abstract provided.

Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

No abstract provided.

Locke Remixed ;-), Robert P. Merges

Robert P Merges

No abstract provided.

The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds

Robert P Merges

No abstract provided.

The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges

Robert P Merges

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience.

It …

Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon

Faculty Scholarship

This article reviews the underlying societal imperatives reflected in a policy of intangible cultural heritage and the intellectual property-like regimes being developed to protect these interests. It contrasts UNESCO efforts with more narrowly tailored efforts of WIPO and juxtaposes those approaches with the localism model developed under the FCC. While aspects of the WIPO protection efforts focusing on trademark-like and trade secret-like protections benefit the people and cultures these policies hope to serve, additional copyright-like protections will likely do more harm than good. Instead, global public policy will be far better served through emphasis on the FCC's localism attributes of …

Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon

Faculty Scholarship

In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.

Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect …

Vol. 6 No. 2, Spring 2015; A Circuit Split Involving Ten Federal Circuits: Why Copyright Infringement Actions Should Be Allowed To Proceed After An Application For A Copyright Is Filed, Morgan Johnson

Northern Illinois Law Review Supplement

In 2010, the Supreme Court’s decision of Reed Elsevier, Inc. v. Muchnick addressed the subject matter jurisdiction of a trademark infringement claim. Not only did this avoid the larger question of when a trademark is “registered” under § 411(a), but it lead to further division among the circuit courts. Section 411(a) sets forth the requirements for a trademark infringement suit to be filed; most importantly that it must be “registered.” The registration approach has determined that a trademark is only registered when a party receives an affirmative or negative response, directly from the Copyright Office. The application approach, however, finds …

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

University of Richmond Law Review

No abstract provided.

A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson

Pamela Samuelson

Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson

Pamela Samuelson

No abstract provided.

The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson

Pamela Samuelson

The author examines the case for copyrighting computer programs in relation to the 1970 article “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,” by U.S. Supreme Court Justice Stephen Breyer. The number of programs registered with the Copyright office has reportedly bolstered Breyer's skepticism about such copyright. The risks posed by copyrighting programs were of concern to Breyer. Also assessed is the development of the software industry.

Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet

Pamela Samuelson

No abstract provided.

The Copyright Principles Project: Directions For Reform, Pamela Samuelson

Pamela Samuelson

Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Pamela Samuelson

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.

The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson

Pamela Samuelson

No abstract provided.

The U.S. Digital Agenda At Wipo, Pamela Samuelson

Pamela Samuelson

No abstract provided.

"Modern-Day Pirates: Examining The Legal Difficulties Of Copyright Enforcement", James L. Martherus

Brigham Young University Prelaw Review

No abstract provided.

Copyright As Contract, Jeffrey L. Harrison

UF Law Faculty Publications

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …

Andy Warhol’S Pantry, Brian L. Frye

Law Faculty Scholarly Articles

This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should in-corporate a “Warhol test.”

Notice And Remedies In Copyright Licensing, B. J. Ard

Missouri Law Review

Copyright owners claim the power to designate practically any term of a copyright license as a “condition” enforceable in copyright. In doing so, these licensors purport to translate breach of the most trivial or idiosyncratic term into the basis for a copyright infringement suit. This Article argues that these licenses are most problematic when licensors provide inadequate notice of unexpected terms. License conditions are typically buried in boilerplate that no reasonable consumer reads, and licensors have few incentives to make them more salient. These circumstances not only threaten unwitting users with copyright liability, but also impede copyright’s own goals by …

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Licensing Of Intellectual Property Rights, Mark Joelson

Georgia Journal of International & Comparative Law

No abstract provided.