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Articles 1 - 18 of 18
Full-Text Articles in Law
What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo
What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo
All Faculty Scholarship
To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …
Copyright And Disability, Blake E. Reid
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West
Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West
Seattle University Law Review SUpra
No abstract provided.
Authority And Authors And Codes, Michael J. Madison
Authority And Authors And Codes, Michael J. Madison
Articles
Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden by the CFAA. Courts are divided in their interpretation of this language in the statute. This Article first proposes to address the issue with an insight from social science research. Neither criminal nor civil liability under the CFAA should attach unless the alleged violator has transgressed some border or boundary that is rendered visible …
Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi
Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi
Copyright, Fair Use, Scholarly Communication, etc.
The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …
Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster
Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster
University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches
Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago when Congress made far-reaching changes to copyright law by extending the term of copyright for twenty years and by enacting a package of reform proposals known as the Digital Millennium Copyright Act (“DMCA”). This Article intertwines the story of one important provision of the DMCA - safe harbors for Internet …
Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo
Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo
All Faculty Scholarship
Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step would …
Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton
Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton
UF Law Faculty Publications
Hot news is factual, time-sensitive information ranging from baseball scores to the outbreak of war. In recent years, hot news has found its own niche among legal scholars and courts. When deconstructed, though, hot news is simply information and, like most information, it has a public good character. The problem ultimately is that news is non-excludable and non-rivalrous – discoverers or creators of hot news cannot exclude others from using the news and hot news is not destroyed when used. This means it may be produced at levels that are less than optimal.
The critical element in hot news is …
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
All Faculty Scholarship
This is a follow-up piece to Professor Balganesh's 'Hot News': The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011), based on the Second Circuit's decision in Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011).
Privacy, Copyright, And Letters, Jeffrey L. Harrison
Privacy, Copyright, And Letters, Jeffrey L. Harrison
UF Law Faculty Publications
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
Wikipedia And The European Union Database Directive, Jacqueline D. Lipton
Wikipedia And The European Union Database Directive, Jacqueline D. Lipton
Articles
“Web 2.0" and "User Generated Content (UGC)" are the new buzzwords in cyberspace. In recent years, law and policy makers have struggled to keep pace with the needs of digital natives in terms of online content control in the new participatory web culture. Much of the discourse about intellectual property rights in this context revolves around copyright law: for example, who owns copyright in works generated by multiple people, and what happens when these joint authored works borrow from existing copyright works in terms of derivative works rights and the fair use defense. Many works compiled by groups are subject …
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
Towards A Differentiated Products Theory Of Copyright, Christopher S. Yoo
Towards A Differentiated Products Theory Of Copyright, Christopher S. Yoo
All Faculty Scholarship
The well-known “access-incentives” tradeoff that lies at the heart of the standard economic analysis of copyright follows largely from the assumption that copyright turns authors into monopolists. If one instead analyzes copyright through a framework that allows for product differentiation and entry, the access-incentives tradeoff becomes less significant. By increasing producer appropriability and profit, increased copyright protection can stimulate entry of competitors producing similar works, which in turn results in lower prices, increased product variety, and increased access. This approach would also broaden set of available policy instruments, although disentangling the effects of one from another can be quite complicated.
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Publications
No abstract provided.
Law And Information Platforms, Philip J. Weiser
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
Articles & Chapters
No abstract provided.
Copyrights: Introduction, Michael Botein