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Full-Text Articles in Law

The Law And Economics Of Databases: A Balancing Act, Ya Shon Huang Nov 2017

The Law And Economics Of Databases: A Balancing Act, Ya Shon Huang

SPICE: Student Perspectives on Institutions, Choices and Ethics

In this paper, I demonstrate that the existing legal frameworks for database protection are inadequate – the American framework under-protects databases, while the European framework over-protects. This paper presents an economic analysis of the current scope of legal protections for databases versus the ideal, with an especial emphasis on the role of intellectual property rights in providing these protections, and concludes with proposals for an ideal system. After an overview of the current systems of legal protections for databases in the United States (US) and the European Union (EU), there will be an explanation of how different types of laws (competition ...


Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn Nov 2017

Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn

Maine Law Review

The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are ...


The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell Sep 2017

The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell

Oklahoma Journal of Law and Technology

No abstract provided.


Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota Sep 2017

Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota

Oklahoma Journal of Law and Technology

No abstract provided.


Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell Sep 2017

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.


The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo Sep 2017

The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo

Oklahoma Journal of Law and Technology

No abstract provided.


Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann Sep 2017

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Brett Frischmann

No abstract provided.


Intellectual Property And Competition, Herbert J. Hovenkamp Aug 2017

Intellectual Property And Competition, Herbert J. Hovenkamp

Faculty Scholarship

A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.

IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to ...


Trademark Boundaries And 3d Printing, Lucas S. Osborn Aug 2017

Trademark Boundaries And 3d Printing, Lucas S. Osborn

Akron Law Review

3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions ...


Redefining The Intended Copyright Infringer, Yvette Joy Liebesman Aug 2017

Redefining The Intended Copyright Infringer, Yvette Joy Liebesman

Akron Law Review

The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the ...


Copyright Easements, Jason Mazzone Aug 2017

Copyright Easements, Jason Mazzone

Akron Law Review

When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author ...


E-Sports: More Than Just A Fad, Michael Mctee Aug 2017

E-Sports: More Than Just A Fad, Michael Mctee

Oklahoma Journal of Law and Technology

No abstract provided.


Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray Aug 2017

Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray

Oklahoma Journal of Law and Technology

No abstract provided.


Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton Aug 2017

Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton

Oklahoma Journal of Law and Technology

No abstract provided.


Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson Aug 2017

Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson

Library Instruction

This document presents five strategies that librarians can use to teach copyright and fair use at an academic library. It is especially helpful for those with little or no experience in teaching these subjects.


The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech Jul 2017

The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech

Pepperdine Law Review

In their celebrated paper, Calabresi and Melamed offered a framework, often referred to as the ‘‘Cathedral’’ analysis, which explains when and why entitlements should be protected using two main sets of rules—property rules and liability rules. This framework is now widely used to explain some private law doctrines. However, cases that are easily explained as applications of liability rules are usually difficult to explain under the private law theory of correlative corrective justice. This is because the basic idea underlying corrective justice conflicts with the notion of rules that allow the nonconsensual property appropriation subject to compensation. In this ...


Consent Decrees In The Streaming Era: Digital Withdrawal, Fractional Licensing, And § 114(I), Steven J. Gagliano Jul 2017

Consent Decrees In The Streaming Era: Digital Withdrawal, Fractional Licensing, And § 114(I), Steven J. Gagliano

The Journal of Business, Entrepreneurship & the Law

Clear disagreement exists about how best to reconcile the copyright protections afforded to songwriters with the antitrust considerations protecting consumers. Songwriter public performance royalty collections account for over $2 billion in annual U.S. revenue, roughly 90% of which is collected by the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). ASCAP and BMI are performance rights organizations (PROs) regulated by seventy-five-year-old consent decrees. After the Second Circuit determined that these consent decrees prohibit music publishers from selectively withdrawing their new media rights from ASCAP and BMI to directly negotiating with new media services, the ...


El Copyright Del Juez ¿Y Si Demostramos Que El Derecho De Autor Puede Mejorar -En Cierto Sentido- La Justicia?, Javier André Murillo Chávez Jun 2017

El Copyright Del Juez ¿Y Si Demostramos Que El Derecho De Autor Puede Mejorar -En Cierto Sentido- La Justicia?, Javier André Murillo Chávez

Javier André Murillo Chávez

MURILLO Chávez, Javier André - "El Copyright del Juez ¿Y si demostramos que el Derecho de Autor puede mejorar -en cierto sentido- la Justicia?". En: Revista La Propiedad Inmaterial. N° 23. Bogotá: Universidad Externado de Colombia, 2017, pp. 69-129.


Equitable Resale Royalties, Brian L. Frye Jun 2017

Equitable Resale Royalties, Brian L. Frye

Brian L. Frye

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...


An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr. Jun 2017

An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr.

Brian L. Frye

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright ...


Incidental Intellectual Property, Brian L. Frye Jun 2017

Incidental Intellectual Property, Brian L. Frye

Brian L. Frye

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies ...


An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr. Jun 2017

An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr.

Franklin L. Runge

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright ...


Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon May 2017

Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon

Faculty Scholarship

In a recent article, Patrick Goold argues for five sub-torts to be recognized in copyright, including inter alia protections for privacy, reputation, and 'creative control.' See Patrick R. Goold, Unbundling the 'Tort' of Copyright Infringement, 102 VA. L. REV. 1833 (2016). He suggests that standards for both infringement and fair use might be profitably tailored to each sub-tort. In this Reply I explore Goold's arguments. I address issues such as: how copyright cases implicitly define cause-in-fact; potential relevance of the plagiarism/copyright distinction; and what implications (if any) for interpreting federal copyright law might flow from the statutory changes ...


The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki May 2017

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

William & Mary Law Review

In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive—but nonetheless underappreciated—tool for solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that ...


Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku May 2017

Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku

Honors Projects

Contemporary copyright decisions by Federal Courts perplex composers; am I the creative composer, or am I an infringer on someone else’s intellectual property? By forming a temporary monopoly to monetize new content, copyright protection incentivizes artists to be fruitful. In a creative field like music, an overly broad definition of copyrightable expression can lead to a “chilling effect” on creativity. This chilling effect is exacerbated by the great latitude given expert witnesses to claim infringement based on broad classifications of expressions. My paper addresses the question: To what extent should expert witnesses be probative when they extend ownership rights ...


The Trans Pacific Partnership: Copyright Law, The Creative Industries And Internet Freedom, Matthew Rimmer Apr 2017

The Trans Pacific Partnership: Copyright Law, The Creative Industries And Internet Freedom, Matthew Rimmer

Matthew Rimmer

Professor Matthew Rimmer discusses the Trans-Pacific Partnership Agreement (TPP) as part of IP Osgoode Speaks series. This ‘blockbuster agreement’—supposedly a jovial landmark in the sphere of diplomatic international relations—was diluted with a mixture of uncertainty and secrecy. According to Prof. Rimmer, the TPP is a controversial agreement for several reasons. First, many concerns were raised regarding the involvement of major companies, via special advisory groups and executives, in drafting parts of the agreement. Consequently, the companies allegedly had more influence over the TPP than the legislators since the latter could not review the agreement that was protected (and ...


Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz Apr 2017

Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz

Seton Hall Circuit Review

No abstract provided.


The Story So Far: Recap And Update On Flo & Eddie, Eric Harbeson Apr 2017

The Story So Far: Recap And Update On Flo & Eddie, Eric Harbeson

American Music Research Center Faculty Contributions

Reviews recent developments in the ongoing litigation of Mark Volman and Howard Kaylan (aka Flo & Eddie) against digital streaming two digital streaming services, Sirius XM and Pandora. Through pro bono counsel, ARSC has participated in the litigation as amici. The article reports promising developments: the case in New York has been concluded in favor of Sirius XM, while the litigation continues in Florida and California.


Seeing’S Insight: Toward A Visual Substantial Similarity Test For Copyright Infringement Of Pictorial, Graphic, And Sculptural Works, Moon Hee Lee Apr 2017

Seeing’S Insight: Toward A Visual Substantial Similarity Test For Copyright Infringement Of Pictorial, Graphic, And Sculptural Works, Moon Hee Lee

Northwestern University Law Review

Before imposing liability for copyright infringement, a court analyzes whether the defendant’s allegedly infringing work is substantially similar to the copyright-holder plaintiff’s allegedly infringed work. This substantial similarity analysis broadly contains two steps. First, facts and ideas do not receive copyright protection and are filtered out. Second, the two works are compared to see if there is material overlap between the two works’ remaining creative expression—i.e., whether or not the two works are substantially similar. This two-step approach furthers the delicate dual goal of copyright law to keep ideas and facts freely available as raw material ...


Equitable Resale Royalties, Brian L. Frye Apr 2017

Equitable Resale Royalties, Brian L. Frye

Law Faculty Scholarly Articles

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...