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Full-Text Articles in Law

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki May 2017

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

William & Mary Law Review

In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive—but nonetheless underappreciated—tool for solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that ...


Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome (Program), Pamela Samuelson Apr 2016

Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome (Program), Pamela Samuelson

Stanley H. Mervis Lecture

No abstract provided.


Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann Oct 2013

Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann

Faculty Publications

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.

When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One ...


Crossing The Line?: Copyright For Libraries, Fred Dingledy May 2013

Crossing The Line?: Copyright For Libraries, Fred Dingledy

Library Staff Publications

No abstract provided.


Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele Jul 2012

Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele May 2012

Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele

Popular Media

No abstract provided.


Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele May 2012

Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele Mar 2012

Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

No abstract provided.


What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Fred Dingledy Oct 2011

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Fred Dingledy

Library Staff Publications

No abstract provided.


Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse Jul 2011

Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse

Library Staff Publications

No abstract provided.


Copyright And Research In Google Book Search, Benjamin J. Keele Jan 2011

Copyright And Research In Google Book Search, Benjamin J. Keele

Library Staff Publications

Many researchers—even trained professionals—often use the Google search engine to begin searches for information. Google’s many products enable researchers to search public websites, scholarly articles, and even patents. One vast area of information not yet thoroughly indexed by Google is print books. Google Book Search (also at times referred to as Google Books, Google Print and Google Library Project) is the company’s effort to digitize and index the world’s print literature.


First Amendment Based Copyright Misuse, David S. Olson Nov 2010

First Amendment Based Copyright Misuse, David S. Olson

William & Mary Law Review

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation ...


Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele Oct 2010

Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele Jan 2010

Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.


Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele Jan 2010

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.


What Kinds Of Statutory Restrictions Are Jurisdictional?, Scott Dodson Oct 2009

What Kinds Of Statutory Restrictions Are Jurisdictional?, Scott Dodson

Faculty Publications

Section 411(a) of the Copyright Act of 1976 provides that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made.” In this case, a district court approved a class action settlement that purported to resolve both registered and unregistered copyright claims. The Supreme Court is being asked to decide whether that registration requirement is a limitation on federal court subject-matter jurisdiction.


A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann Jul 2009

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Faculty Publications

No abstract provided.


The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison Nov 2008

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison

William & Mary Law Review

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is ...


Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung Dec 2007

Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung

William & Mary Law Review

No abstract provided.


Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr. Jul 2007

Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.

Library Staff Publications

No abstract provided.


The Trademark/Copyright Divide, Laura A. Heymann Jan 2007

The Trademark/Copyright Divide, Laura A. Heymann

Faculty Publications

No abstract provided.


Copyrighting Facts, Michael Steven Green Oct 2003

Copyrighting Facts, Michael Steven Green

Faculty Publications

No abstract provided.


"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller Jan 2003

"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller

Library Staff Publications

No abstract provided.


Copyright And Fair Use In Law Office Libraries, James S. Heller Dec 2002

Copyright And Fair Use In Law Office Libraries, James S. Heller

Library Staff Publications

No abstract provided.


Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy Jan 2001

Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy

Faculty Publications

No abstract provided.


Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller Jan 2000

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.


The Impact Of Recent Litigation On Interlibrary Loan And Document Delivery, James S. Heller Apr 1996

The Impact Of Recent Litigation On Interlibrary Loan And Document Delivery, James S. Heller

Faculty Publications

Professor Heller discusses how two recent federal copyright law decisions, Campbell v. Acuff-Rose Music in the United States Supreme Court and American Geophysical Union v. Texaco in the Second Circuit, may affect the interlibrary loan and document delivery services provided by libraries.


Property (And Copyright) In Cyberspace, I. Trotter Hardy Jan 1996

Property (And Copyright) In Cyberspace, I. Trotter Hardy

Faculty Publications

No abstract provided.


The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy Jan 1992

The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy

Faculty Publications

No abstract provided.


Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller Jan 1989

Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller

Library Staff Publications

No abstract provided.