Law Commons^™

Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle

Library Faculty and Staff Publications

This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this ...

Fair Use In The Visual Arts: Lesson Plans For Librarians, Alexander Watkins, Bridget Madden, Alexandra Provo, Danielle Reay, Anna Simon

University Libraries Faculty & Staff Contributions

The authors guide art information professionals in crafting learning experiences that empower students to understand copyright and take advantage of fair use in their art, design, and academic practices. The College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, endorsed by ARLIS/NA in 2015, is a key document that has the potential to transform the use of images in the visual arts. Education will be an essential part of the integration of the Code into the visual arts, and art information professionals are well positioned to teach fair use and the Code. This ...

Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw

Research Collection School Of Law

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed ...

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...

“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence

University of Miami Business Law Review

The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn ...

Ip Law Book Review, Vol. 8 #2, William T. Gallagher

Intellectual Property Law

THE BRANDING OF THE AMERICAN MIND: HOW UNIVERSITIES CAPTURE, MANAGE, AND MONETIZE INTELLECTUAL PROPERTY AND WHY IT MATTERS, by Jacob Rooksby. Reviewed by Liza Vertinsky, Emory University School of Law

ILLEGAL LITERATURE: TOWARD A DISRUPTIVE CREATIVITY by David S. Roh. Reviewed by Shubha Ghosh, Syracuse University College of Law

ARTISTIC LICENSE: THE PHILOSOPHICAL PROBLEMS OF COPYRIGHT AND APPROPRIATION, by Darren Hudson Hick. Reviewed by Shubha Ghosh, Syracuse University College of Law

THE LAW AND PRACTICE OF TRADEMARK TRANSACTIONS: A GLOBAL AND LOCAL OUTLOOK, edited by Irene Calboli and Jacques de Werra. Reviewed by Jake Linford, Florida State University College of ...

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective ...

Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker

Library Presentations, Posters, and Videos

Scholarly communications often values free access above all else, but what happens when that drive for openness conflicts with ethical issues of consent and ownership? In this CARL IG Showcase panel, members of SCORE (Scholarly Communication and Open Resources for Education) will discuss some of the thorny issues of ethics and scholarly communication, including: consent (particularly among diverse communities outside of the institution) and digital collections, students as information creators / library as publisher, and decolonizing who we consider scholars and what we consider scholarship. This panel will feature speakers who will share current discussions and personal stories on issues pertinent ...

Emojis And The Law, Eric Goldman

Faculty Publications

Emojis are an increasingly important way we express ourselves. Though emojis may be cute and fun, their usage can lead to misunderstandings with significant legal stakes—such as whether someone should be obligated by contract, liable for sexual harassment, or sent to jail.

Our legal system has substantial experience interpreting new forms of content, so it should be equipped to handle emojis. Nevertheless, some special attributes of emojis create extra interpretative challenges. This Article identifies those attributes and proposes how courts should handle them.

One particularly troublesome interpretative challenge arises from the different ways platforms depict emojis that are nominally ...

Fair Use And Social Media, John Dettinger

Musselman Library Staff Publications

This poster was created in a collaborative effort by Musselman Library’s Copyright Committee as part of a display for Fair Use Week 2018. The poster was intended to get viewers to think about the 4 factors of fair use in the context of two art projects that used social media photos: Yolocaust by Shahak Shapira and New Portraits by Richard Prince. It was also intended to get viewers thinking about the ways their social media content might get used beyond the original intention.

What Is (And Isn't) Fair Use In Music Sampling?, Devin Mckinney

Musselman Library Staff Publications

"Fair use" is a principle embedded in copyright law which permits -- under circumstances governed by a set of considerations commonly known as "the four factors" -- the borrowing of material from copyrighted works to create new works. Created for Fair Use Week 2018, this poster highlights the principle as it has applied to three controversial cases involving music sampling. For each case, the observer is given the essential facts; shown which of the four factors (represented by icons) were most central; and told the real-world outcome of each case. As an interactive display, the poster covered each "Outcome" column with a ...

Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen

Maine Law Review

In 1992, Professor Elisha Qimron of Ben Gurion University in Be'er Sheva, Israel, brought suit against the editors and publisher of A Facsimile Edition of the Dead Sea Scrolls, a complete set of photographs of the scrolls, for copyright infringement and the tort of mental anguish asking for approximately $250,000 in damages. The case centered on an appendix of the book which included a portion of a scroll text, Misgat Ma'Aseh ha-Torah—Some Rulings Pertaining to the Torah (MMT), reconstructed by Qimron. MMT consists of 121 lines of text, and Qimron's reconstruction—referred to in the ...

The Perfection And Priority Rules For Security Interests In Copyrights, Patents, And Trademarks: The Current Structural Dissonance And Proposed Legislative Cures, Thomas M. Ward

Maine Law Review

The structural legal dissonance that undermines the effective financing of federal intellectual property rights (patents, trademarks registrations, copyrights, and maskworks) is rooted in the prominence of title in both the early conceptual history of personal property financing and in the language of the federal tract recording acts. While genuine ownership transfers have always represented the prototype under the federal intellectual property recording statutes, transfers intended for security were also originally included because of the early judicial thinking about the importance of title to the validity (against third parties) of a “mortgage” right in intangible personal property. As products of their ...

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make ...

Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig

Carys Craig

Dance may be one of the world’s oldest art forms, but it is a relatively recent entrant into the sphere of copyright law—and remains something of an afterthought amongst copyright lawyers and scholars alike. For copyright scholars, at least, that should change with the publication of Anthea Kraut’s CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE. Kraut performs a fascinating exploration of the evolution of choreographic copyright—sweeping, political, polemical—that should leave no one in doubt as to the normative significance of choreography as a subject matter of copyright law and policy. Nor ...

Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier

Pace Intellectual Property, Sports & Entertainment Law Forum

The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally ...

Brief Of Amici Curiae - Copyright And Intellectual Property Law Professors In Support Of Defendant-Petitioner Pandora Media, Inc., Tyler T. Ochoa, Joseph C. Gratz

Faculty Publications

Brief submitted to the Supreme Court of the State of California.

Case No. S240649 FLO & EDDIE, INC., Plaintiff-Respondent, v. PANDORA MEDIA, INC., Defendant-Petitioner.

Plaintiff Flo & Eddie, Inc., contends that the phrase “exclusive ownership” in California Civil Code section 980 includes all possible uses to which a copyrightable work may be put, including an exclusive right of public performance. At the time California Civil Code section 980 was first enacted in 1872, however, the phrase “exclusive ownership” in relation to a copyrightable work meant something different and much narrower: namely, the right of first publication (reproduction and sale) only. Since the ...

A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger

Journal of Intellectual Property Law

No abstract provided.

Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet

Journal of Intellectual Property Law

No abstract provided.

Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth

Journal of Intellectual Property Law

No abstract provided.

Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala

Journal of Intellectual Property Law

No abstract provided.

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant's volitional actions interfere with a potential economic ...

So Happy Together: Should The California Decision Be A Basis To Recognize A Right Of Public Performance In Pre-1972 Sound Recordings?, Vicenç Feliú

Faculty Scholarship

One of the peculiarities of American copyright law is the way it deals with sound recordings. The federal copyright regime treated sound recordings as different from the protection awarded other copies and, consequently, there are some gaps in protection coverage. Because of how federal protection developed, pre-1972 sound recordings are not protected by federal law and have only the patchwork protection afforded under state laws.In August of 2013, Mark Volman and Howard Kaylan, the founding members of the 1960s rock group The Turtles, filed a $100 million class action suit in California, under the incorporated name Flo & Eddie, Inc ...

Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress

Student Research Day Abstracts and Posters

This project examines how current copyright laws and digital distribution practices in music can be improved for both the creator and the consumer. The laws that govern our digital atmosphere, and thus a large portion of music distribution, are outdated and cause a wide variety of problems for both artists and fans. To create a comprehensive picture and establish the scope of this problem, I start by outlining the process a song goes through from when it is written to when it is in the hands, or rather ears, of listeners. From there, copyright laws are entwined with this process ...

Unwinding Sony, Peter S. Menell, David Nimmer

Peter Menell

No abstract provided.

"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg

Maine Law Review

The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be ...

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

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 ...

Digital Locks, Physical Objects And Immaterial Works, Pascale Chapdelaine

Law Publications

One of the greatest controversies in contemporary copyright law is the introduction of technological protection measures (TPMs) at the international and national level. By creating a separate parallel regime for digital copyright works, TPMs shifted the paradigm by redefining the rules of engagement of how users would increasingly access and experience digital copyright works.

In this chapter of my book Copyright User Rights, Contracts, and the Erosion of Property (Oxford University Press, 2017) I look at the implementation of TPMs as a regulatory tool from a multi-jurisdictional perspective. Initially mainly intended to protect copyright holders’ works made accessible online or ...