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Full-Text Articles in Law
Scholarly Journals And The Open Access Conundrum, Colin B. Sakumoto
Scholarly Journals And The Open Access Conundrum, Colin B. Sakumoto
Colin B Sakumoto
This paper examines the desirability and feasibility of open access scholarly journals with particular emphasis on the parties shaping the production of these journals. In examining how the current publishing model will shape the implementation of open access publishing, analysis of the obstacles likely to hinder implementation is given in depth. Finally, a number of measures are suggested to help build the momentum needed to one day realize a widespread open access publishing model.
"Fit For Purpose:" Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe, Susanna Monseau
"Fit For Purpose:" Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe, Susanna Monseau
Susanna Monseau
This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the 50 year term to a 95-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of …
The Harry Potter Lexicon And The World Of Fandom: Fan Fiction, Outsider Works, And Copyright, Aaron Schwabach
The Harry Potter Lexicon And The World Of Fandom: Fan Fiction, Outsider Works, And Copyright, Aaron Schwabach
Aaron Schwabach
Fan fiction, long a nearly invisible form of outsider art, has grown exponentially in volume and legal importance in the past decade. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of issues of property, sexuality, and gender. This article examines three disputes over fan writings, concluding with the recent dispute between J.K. Rowling and Steven Vander Ark over the Harry Potter Lexicon, which Rowling once praised and more recently succeeded in suppressing. The article builds on and adds to the emerging body of scholarship on fan fiction, concluding that much fan fiction is fair …
Copyright And The Fashion Industry, Victoria R. Watkins
Copyright And The Fashion Industry, Victoria R. Watkins
Victoria R Watkins
This paper seeks to discuss the relationship, or lack there of, between copyrights and the fashion industry. Although fashion designs are works of authorship, and comply with originality requirements of § 102 of the Copyright Act, the structure and nature of the industry do not compel the need for this protection, enabling it to run efficiently without it. In order to prove the stated claim, the article will examine the history of the industry, case law, other scholarly writings and current trends in the market.
Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald
Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald
Paul J. Heald
Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are just as likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of …
Grokster, Bittorrent, Copyright Infringement, And Inducement: How Modus Operandi Can Provide A Functional Standard For Future File-Sharing Cases, Jamie Gregorian
Grokster, Bittorrent, Copyright Infringement, And Inducement: How Modus Operandi Can Provide A Functional Standard For Future File-Sharing Cases, Jamie Gregorian
Jamie Gregorian
In 2005, the Supreme Court issued its landmark ruling in MGM Studios Inc. v. Grokster, Ltd. In that ruling, the Court created the inducement standard, a new avenue by which artists could pursue claims against file-sharing companies that were facilitating the infringement of their intellectual property. Under the inducement standard, the act of inducing another to infringe copyright is now sufficient to confer secondary liability. As file-sharing outfits continue to learn from previous judicial decisions and tailor their infringement-facilitating software so as to avoid legal liability, the criminal law concept of modus operandi may prove beneficial to courts in deciding …
Pirates Among The Second Life Islands – Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby
Ben Quarmby
Virtual online worlds such as Second Life – a world in which users can live, work and purchase virtual goods, services and real estate – have enjoyed a well-documented explosion in popularity. Their success, however, has not come without some degree of turbulence. Relying on the example of Second Life, this article will address one of the primary sources of concern to arise in connection with these worlds: the dramatic escalation in trademark and copyright violations in virtual world and its impact on real-world individuals or business entities. Given that users have the ability to design and create virtual property …
Ceo Postings: Leveraging The Internet’S Communications Potential While Managing The Message To Maintain Corporate Governance Interests In Information Security, Reputation And Compliance, Margo E. K. Reder
Margo E. K. Reder
CEO POSTINGS –
LEVERAGING THE INTERNET’S COMMUNICATIONS POTENTIAL WHILE MANAGING THE MESSAGE TO MAINTAIN CORPORATE GOVERNANCE INTERESTS IN INFORMATION SECURITY, REPUTATION AND COMPLIANCE
By Margo E. K. Reder
For approximately eight years, Whole Foods Market, Inc. [Whole Foods] CEO John Mackey posted messages to Yahoo! Financial’s online message board for Whole Foods. Rather than using his real name, Mr. Mackey like many posters to chat rooms, created an online alter ego and posted his comments under a pseudonym. As “Rahodeb” Mr. Mackey promoted his Whole Foods chain, boasted about personal stock gains in Whole Foods stock, company plans and performance …
Property, Persona, Permission, Deven R. Desai
Property, Persona, Permission, Deven R. Desai
Deven R. Desai
Information overload confronts us everyday. In such a situation, attention is scarce and the ability to focus attention has value. In short, the explosion of information means we live in an attention economy. As theorist Richard Lanham has posited, the key assets in the attention economy (e.g. writings, images) are part of the cultural conversation which leads to and elevates the importance of intellectual property because intellectual property is the way our society manages such assets. Put differently, authors now have two interests: the copyrighted work and the reputation that travels with that creation as it enhances the author’s ability …
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Mary Wong
As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Mary Wong
As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …
Creativity And Copyright, Dennis S. Karjala
Creativity And Copyright, Dennis S. Karjala
Dennis S Karjala
Nearly everyone, from layperson to professional, thinks of copyright as the primary mode of legal protection for the intellectual fruits of creative artists and authors. While necessarily conceding that copyright has been extended in recent decades to cover a large number of highly mundane works, most scholars still see authorial “creativity” as the one element common to the vast array of works that now fall under the copyright umbrella. In the United States, this view has purportedly been elevated to constitutional status with the Supreme Court’s 1991 decision in Feist v. Rural Telephone Service, which stated in dictum that creativity …
Drm E Abuso Di Posizione Dominante: Il Caso Itunes, Giuseppe Mazziotti
Drm E Abuso Di Posizione Dominante: Il Caso Itunes, Giuseppe Mazziotti
giuseppe mazziotti
No abstract provided.
Scale-Free Law: Network Science And Copyright, Andres Guadamuz
Scale-Free Law: Network Science And Copyright, Andres Guadamuz
Andres Guadamuz
Networks are everywhere. The staggering complexity and seemingly chaotic nature of everyday life is actually a collection of different networks interacting with us from the moment that we wake up to the time we go to sleep. We are constantly surrounded by the social network, the financial network, the transport network, the telecommunications network, and even the network within our own bodies. The understanding of how these systems operate and interact with one another has been the realm of physicists, economists, biologists and mathematicians. Until recently, the study of networks lacked empirical application because it was extremely difficult to gather …
The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski
The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8. The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and …
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Severine Dusollier
No abstract provided.
Billowing White Goo, Jessica Litman
Billowing White Goo, Jessica Litman
Jessica Litman
In this paper, written for a symposium on “Fair Use: Incredibly Expanding or Extraordinarily Shrinking?,” I argue that the size of the fair use footprint has remained about the same over the past three decades, while the size and scope of copyright’s exclusive rights have expanded markedly. In order to protect a broader range of worthy uses under the fair use umbrella, courts have adopted new tests tailored to privilege particular sorts of uses, but in doing so they haven’t expanded fair use so much as they have moved it around. In part I of the paper, I briefly summarize …
Mythical Beginnings Of Intellectual Property, Jessica M. Silbey
Mythical Beginnings Of Intellectual Property, Jessica M. Silbey
Jessica Silbey
It has become commonplace to justify intellectual property protection with homage to utilitarianism (maximizing the incentive to create, invent or produce quality goods) or natural rights (people should own the product of their creative, inventive or commercial labor). Despite the on-going dominance of these theories, there remains a dissatisfying lack of a comprehensive explanation for the value of intellectual property protection. This is in part because the economic analysis of law tends to undervalue the humanistic element of intellectual property. This Article aims to fill that void. It offers a new explanation for intellectual property rooted in narrative theory. Whereas …
An Intentional View Of The Copyright Work, Justine Pila
An Intentional View Of The Copyright Work, Justine Pila
Justine Pila
The questions at the heart of copyright – what is a work, and the extent of copyright protection – are considered. Arguments are presented firstly for an understanding of works oriented around expressive intent, and secondly for a statutory test of infringement that pays closer attention to issues of policy and the authorial acts that copyright rewards. The article revisits two central cases of modern English copyright law, Walter v Lane and Interlego v Tyco Industries, and suggests that their reasoning is problematic; Walter v Lane because the transcripts of Lord Rosebery's speeches were not books for copyright purposes, and …
Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila
Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila
Justine Pila
In this article I review the UK and Australian law of compilation copyright in the light particularly of the Australian Full Federal Court's decisions in Desktop Marketing Systems (2002) and IceTV (2008). I criticize the Court's approach in those cases to the issues of both subsistence and infringement, while also offering a measured defense of the first instance decision in IceTV. In particular, I suggest that decision is largely right, and reflects an important attempt by a Judge to reorient copyright around its works, and resist the past temptation of courts - including the Full Federal Court itself - to …
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Estelle Derclaye
No abstract provided.