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Articles 1 - 30 of 174
Full-Text Articles in Law
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Catholic University Journal of Law and Technology
No abstract provided.
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Journal of Intellectual Property Law
No abstract provided.
Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker
Journal of Intellectual Property Law
No abstract provided.
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Journal of Intellectual Property Law
No abstract provided.
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Journal of Intellectual Property Law
No abstract provided.
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Journal of Intellectual Property Law
No abstract provided.
Authorship, Attribution, And Audience, Laura A. Heymann
Authorship, Attribution, And Audience, Laura A. Heymann
Popular Media
No abstract provided.
Copyright In Photographs In Canada Since 2012, Margaret Ann Wilkinson, Carolyn Soltau, Tierney Gb Deluzio
Copyright In Photographs In Canada Since 2012, Margaret Ann Wilkinson, Carolyn Soltau, Tierney Gb Deluzio
Law Publications
Photographs perform a unique function because they capture moments in time and that capture is contemporaneous with the subject of the photo: “[a] writer doesn’t necessarily have to be there to produce a story. A photographer, on the other hand, must be at the event when the event happens.”
In 2012, the Copyright Modernization Act changed the Copyright Act in terms of application to photographs. This column will first discuss how copyright now applies to photographs in Canada (who owns copyright and how long it lasts) and then describe the new users’ right now available in respect of commissioned photographs.
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Mark P. Gergen
The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …
To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson
To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson
Journal of Intellectual Property Law
No abstract provided.
Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd
Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd
Journal of Intellectual Property Law
No abstract provided.
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
Journal of Intellectual Property Law
No abstract provided.
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Jeffrey L Harrison
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Journal of Intellectual Property Law
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
Copyright Update For The 2015 Nevada Bar Intellectual Property Law Conference, Marketa Trimble
Copyright Update For The 2015 Nevada Bar Intellectual Property Law Conference, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials to the Intellectual Property Law Section of the Nevada Bar on October 23, 2015. Over the course of her presentation, Prof. Trimble covered significant legal developments and statistical trends in copyright law from the 2014-2015 period, both in the United States and abroad.
Copyright Inside The Law Library, David Vaver
Art Resale Royalty Options, Herbert I. Lazerow
Art Resale Royalty Options, Herbert I. Lazerow
Faculty Scholarship
Proposed federal law requires payments from the reseller of art to an artist when her work is resold. They can be conceptualized as a substitute for copyright royalties or for the profits of a joint venture between the artist and the collector. Application is analyzed by art type, especially multiples, place of sale, and nationality or residence of the seller, buyer, intermediary or artist, and by what constitutes a sale in a world of leases, exchanges, gifts, bequests, charitable donations, loans and casualty losses. If the base is gross sales price, is that the amount the seller receives, the amount …
Content-Based Copyright Denial, Ned Snow
Content-Based Copyright Denial, Ned Snow
Faculty Publications
No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of …
Copyright Policy And The Problem Of Generalizing, Eva E. Subotnik
Copyright Policy And The Problem Of Generalizing, Eva E. Subotnik
Faculty Publications
(Excerpt)
Today we have heard a variety of concerns expressed by professional authors, artists and performers. But one of the toughest aspects of determining how to make the copyright system work better is generalizing about what is and is not working. In these brief remarks, I would like to identify three areas that demonstrate this difficulty.
At the outset, a disclaimer: I took the animating theme of this Symposium to be the improvement of the financial stake of individual authors in some kind of direct way. This mode of analysis should be distinguished from other approaches, equally valid, that would …
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Lawrence J. Trautman Sr.
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Sean Pager
INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?
Sean A. Pager Michigan State University College of Law
Eric Priest University of Oregon School of Law
ABSTRACT
This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target abuses in …
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
Thomas C. Irvin
The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. The decision has justifiably been hailed as a victory for free speech and artistic creativity. But while the case is well known, the facts behind the case are not. Those facts show that the case should have been decided differently by every court that heard it. In short, the case came out wrong—wonderfully wrong. This article is the first in-depth review of Campbell v. Acuff-Rose since the decision was handed down nearly 20 years ago, and is the first to examine the musical …
The Effects Of The Fair Use Doctrine On Text-Book Publishing And Copying; Part Ii, Roger Billings
The Effects Of The Fair Use Doctrine On Text-Book Publishing And Copying; Part Ii, Roger Billings
Akron Law Review
Although not expressly authorized by law, it has, through custom, become regarded as a fair use for scholars to make handwritten copies of copyrighted materials needed for research. The basis for allowing hand-copying is that it is such a slow, tedious method of reproduction that scholars usually choose to purchase the complete work rather than to hand-copy excerpts from it. Consequently, hand-copying does not significantly reduce publishers' sales. However, this reasoning obviously cannot be applied to photocopying. As photocopying, a fast and convenient process, becomes cheaper than buying the book, when a professor desires to make a complete volume for …
The Effect Of The Fair Use Doctrine On Text-Book Publishing And Copying, Roger Billings
The Effect Of The Fair Use Doctrine On Text-Book Publishing And Copying, Roger Billings
Akron Law Review
Perhaps nowhere will photocopying be more beneficial than in the field of education. The question is, what effect will it have on publishing? Senator Quentin Burdick stated the basic problem when he said, ". . . [Y]ou have someone who spends years in perfecting a textbook, and all of a sudden it is used free of charge. Where does he sell textbooks?" The problem of unauthorized photocopying of textbooks is considered one of the more difficult ones encountered in the area of fair use, an area itself regarded as one of the most troublesome in the whole law of copyright. …
Copyright In Pantomime
Brian L. Frye
Why does the Copyright Act specifically provide for the protection of “pantomimes”? This article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to “pantomimes” was forgotten. This Article argues that …