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Full-Text Articles in Law

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer Dec 2015

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer

Stephen M. Maurer

Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …


Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver Oct 2015

Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver

David Vaver

The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada shares his thoughts regarding the five important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.


Copyright Exceptions As Users’ Rights? An Empirical Critique, Emily Hudson, Giuseppina D'Agostino Oct 2015

Copyright Exceptions As Users’ Rights? An Empirical Critique, Emily Hudson, Giuseppina D'Agostino

Giuseppina D'Agostino

Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford Intellectual Property Research Centre at the University of Oxford, questions the prevailing legal and academic perceptions of the CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13) judgment.


Lawful Personal Use, Jessica Litman Jun 2007

Lawful Personal Use, Jessica Litman

Jessica Litman

Whenever someone makes a copy of a copyrighted work, that copy is either authorized by the copyright owner, permitted by some express provision of the copyright statute (such as the ephemeral copy provision in section 112 or the fair use provision in section 107), or infringing. That's what we tell our colleagues and what we teach our students. But most of us don't actually believe it, and this article argues that that understanding of the copyright law is wrong. I make this argument by examining the copyright law through the lens of personal use. Unlike many other jurisdictions, the United …


Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher Mar 2000

Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards Mar 2000

The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins Mar 1999

Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.