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Articles 1 - 30 of 76
Full-Text Articles in Law
Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen
Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Daniel J Gervais
he paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. This paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai
The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai
Cornell Law School J.D. Student Research Papers
The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.
This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and …
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Michael J. Madison
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.
Copyrighting Facts, Michael S. Green
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Laura Quilter
Amicus brief in the MGM v. Grokster case.
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Jennifer M. Urban
Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa
Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa
Faculty Publications
In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide whether the former owner of the copyright in a "work made for hire" has a federal right of attribution that continues to exist even after the formerly copyrighted work has entered the public domain.
Fifteen intellectual property law professors filed anamicus brief in the case in support of the Petitioner. The brief, which is reprinted following this introduction, attempts to place the Dastar case in its historical context, as merely the latest effort on the part of former copyright owners to use trademark and unfair …
Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose
Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose
Law and Contemporary Problems
No abstract provided.
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Law and Contemporary Problems
No abstract provided.
The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle
The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle
Law and Contemporary Problems
No abstract provided.
A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir
A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir
Law and Contemporary Problems
No abstract provided.
Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison
Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison
Michael J. Madison
This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.
“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer
“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer
Law and Contemporary Problems
No abstract provided.
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll
PIJIP Faculty Scholarship
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …
Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose
Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose
Law and Contemporary Problems
No abstract provided.
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Law and Contemporary Problems
No abstract provided.
Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler
Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler
Law and Contemporary Problems
No abstract provided.
Law Of The Internet In Argentina., Guillermo Cabanellas
Law Of The Internet In Argentina., Guillermo Cabanellas
University of Miami Inter-American Law Review
No abstract provided.
What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson
What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson
Scholarly Works
With few exceptions, the U.S. Supreme Court has rendered wise copyright decisions consistent with the Copyright Clause. Unfortunately, Eldred v. Ashcroft adds to the exceptions. The difference is that the former are positive law, and the latter natural law, decisions.
Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson
Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson
Law and Contemporary Problems
No abstract provided.
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Law and Contemporary Problems
No abstract provided.
Two Relationships To A Cultural Public Domain
Two Relationships To A Cultural Public Domain
Law and Contemporary Problems
It's been well over ten years since Negativland was sued by Island Records for supposed copyright infringement, trademark infringement, defamation of character and consumer fraud contained in our 1991 U2 single. In the big wide world of the ownership of ideas, a lot has changed since then-the advent of the Internet and its worldwide empowerment of individuals through personalized interconnection, the effects of economic globalization and how it bypasses both the ideologies of local governments and the rule of their national laws, and the Digital Millennium Copyright Act with which intellectual property owners are attempting to survive as all these …
Foreword: The Opposite Of Property?, James Boyle
Foreword: The Opposite Of Property?, James Boyle
Law and Contemporary Problems
In November of 2001, Duke University School of Law held a conference on the public domain; the "outside" of the intellectual property system, the material that is free for all to use and to build upon.1 So far as we could tell, this was the first conference on the subject, which is surprising when one realizes the central role of the public domain in our traditions of speech, innovation and culture. In many ways, this imbalance-the hundreds of conferences, centers and initiatives that have intellectual property as their focus, and the comparative dearth of attention on the public domain-provided the …
Reimagining The Public Domain, David Lange
Reimagining The Public Domain, David Lange
Law and Contemporary Problems
In a paper included among this collection of works from the Duke Law School’s Conference on the Public Domain, James Boyle kindly credits an early essay of mine, Recognizing the Public Domain, with having contributed initially to the contemporary study of the subject. Boyle quotes a passage from that essay in which I suggested that "recognition of new intellectual property interests should be offset today by equally deliberate recognition of individual rights in the public domain . . . . Each [intellectual property] right ought to be marked off clearly against the public domain."
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
Michael W. Carroll
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …
Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims
Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller
"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller
Library Staff Publications
No abstract provided.
Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller
Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller
Case Western Reserve Journal of International Law
No abstract provided.
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.