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Full-Text Articles in Law

Copyright Exhaustion And The Personal Use Dilemma, Jason M. Schultz, Aaron Perzanowski Jun 2012

Copyright Exhaustion And The Personal Use Dilemma, Jason M. Schultz, Aaron Perzanowski

Faculty Scholarship

The article focuses on copyright exhaustion and the personal use doctrine in copyright law. Topics include fair use, the creation of derivative works, and ownership rights of intangible intellectual property. Information is provided on exclusive ownership rights, noninfringing copyright activity, and secondary liability claims.


Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling Jan 2011

Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling

Faculty Scholarship

No abstract provided.


Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell Jan 2011

Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell

Faculty Scholarship

The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that `virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system ... .' Professor Epstein purports to validate what he calls the `carryover hypothesis ...


Digital Exhaustion, Aaron Perzanowski, Jason Schultz Jan 2010

Digital Exhaustion, Aaron Perzanowski, Jason Schultz

Faculty Scholarship

No abstract provided.


The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson Jan 2010

The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson

Faculty Scholarship

The author examines the case for copyrighting computer programs in relation to the 1970 article “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,” by U.S. Supreme Court Justice Stephen Breyer. The number of programs registered with the Copyright office has reportedly bolstered Breyer's skepticism about such copyright. The risks posed by copyrighting programs were of concern to Breyer. Also assessed is the development of the software industry.


Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling Jan 2010

Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling

Faculty Scholarship

No abstract provided.


The Copyright Principles Project: Directions For Reform, Pamela Samuelson Jan 2010

The Copyright Principles Project: Directions For Reform, Pamela Samuelson

Faculty Scholarship

Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]


Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer Jan 2009

Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer

Faculty Scholarship

From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and the enterprises that distribute their works. And for almost as long as copyright has existed, there has been concern about creators getting the short end of the stick in their dealings with distributors. Since 1909, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, decades later, to recapture those same rights. After judicial interpretation of the 1909 Act frustrated this intent by upholding advance assignments of ...


Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer Jan 2009

Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer

Faculty Scholarship

No abstract provided.


Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland Jan 2009

Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland

Faculty Scholarship

No abstract provided.


Unwinding Sony, Peter S. Menell, David Nimmer Aug 2007

Unwinding Sony, Peter S. Menell, David Nimmer

Faculty Scholarship

No abstract provided.


Locke Remixed ;-), Robert P. Merges Mar 2007

Locke Remixed ;-), Robert P. Merges

Faculty Scholarship

No abstract provided.


The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre K. Mulligan, Aaron K. Perzanowski Jan 2007

The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre K. Mulligan, Aaron K. Perzanowski

Faculty Scholarship

No abstract provided.


Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Jan 2006

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson Jan 2006

Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson Jan 2002

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Faculty Scholarship

No abstract provided.


The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds Jan 2000

The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds

Faculty Scholarship

No abstract provided.


The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges Jan 1997

The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges

Faculty Scholarship

No abstract provided.


The U.S. Digital Agenda At Wipo, Pamela Samuelson Jan 1996

The U.S. Digital Agenda At Wipo, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell Jan 1995

Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell

Faculty Scholarship

No abstract provided.


The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell Dec 1994

The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell

Faculty Scholarship

No abstract provided.


The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson Jan 1994

The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson

Faculty Scholarship

No abstract provided.