Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 23 of 23

Full-Text Articles in Law

There's No Such Thing As A Computer-Authored Work - And It's A Good Thing, Too, James Grimmelmann Jan 2016

There's No Such Thing As A Computer-Authored Work - And It's A Good Thing, Too, James Grimmelmann

Cornell Law Faculty Publications

Treating computers as authors for copyright purposes is a non-solution to a non-problem. It is a non-solution because unless and until computer programs can qualify as persons in life and law, it does no practical good to call them "authors" when someone else will end up owning the copyright anyway. And it responds to a non-problem because there is nothing actually distinctive about computer-generated works.

There are five plausible ways in which computer-generated works might be considered meaningfully different from human-generated works: (1) they are embedded in digital copies, (2) people create them using computers rather than by hand, (3 ...


Copyright For Literate Robots, James Grimmelmann Jan 2016

Copyright For Literate Robots, James Grimmelmann

Cornell Law Faculty Publications

Almost by accident, copyright has concluded that copyright law is for humans only: reading performed by computers doesn't count as infringement. Conceptually, this makes sense: copyright's ideal of romantic readership involves humans writing for other humans. But in an age when more and more manipulation of copyrighted works is carried out by automated processes, this split between human reading (infringement) and robotic reading (exempt) has odd consequences and creates its own tendencies toward a copyright system in which humans occupy a surprisingly peripheral place. This essay describes the shifts in fair use law that brought us here and ...


How To Kill Copyright: A Brute-Force Approach To Content Creation, Kirk Sigmon May 2013

How To Kill Copyright: A Brute-Force Approach To Content Creation, Kirk Sigmon

Cornell Law Library Prize for Exemplary Student Research Papers

No abstract provided.


Three Theories Of Copyright In Ratings, James Grimmelmann Jul 2012

Three Theories Of Copyright In Ratings, James Grimmelmann

Cornell Law Faculty Publications

Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ...


The Elephantine Google Books Settlement, James Grimmelmann Jan 2011

The Elephantine Google Books Settlement, James Grimmelmann

Cornell Law Faculty Publications

The genius - some would say the evil genius - of the proposed Google Books settlement was the way it fuses legal categories. The settlement raised important class action, copyright, and antitrust issues, among others. But just as an elephant is not merely a trunk plus legs plus a tail, the settlement was more than the sum of the individual issues it raised. These “issues” were really just different ways of describing a single, overriding issue of law and policy - a new way to concentrate an intellectual property industry.

In this essay, I argue for the critical importance of seeing the settlement ...


Toward A Public Trust Doctrine In Copyright Law, Haochen Sun Apr 2009

Toward A Public Trust Doctrine In Copyright Law, Haochen Sun

Cornell Law School Inter-University Graduate Student Conference Papers

As a full-fledged legal tool in property and environmental law, the public trust doctrine has played an important role in deterring inappropriate exploitation of natural resources and improving protection of the environment. In this article, I explore the possibility of introducing the public trust doctrine into copyright law and explain why we need to expand the use of the public trust doctrine from natural resources to knowledge and information as informational resources. By and large, I demonstrate that compared with the Copyright Clause and the First Amendment, the public trust doctrine, if introduced into copyright law, can create more effective ...


The Ethical Visions Of Copyright Law, James Grimmelmann Apr 2009

The Ethical Visions Of Copyright Law, James Grimmelmann

Cornell Law Faculty Publications

This symposium essay explores the imagined ethics of copyright: the ethical stories that people tell to justify, make sense of, and challenge copyright law. Such ethical visions are everywhere in intellectual property discourse, and legal scholarship ought to pay more attention to them. The essay focuses on a deontic vision of reciprocity in the author-audience relationship, a set of linked claims that authors and audiences ought to respect each other and express this respect through voluntary transactions.

Versions of this default ethical vision animate groups as seemingly antagonistic as the music industry, file sharers, free software advocates, and Creative Commons ...


Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak Jun 2007

Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak

Cornell Law Faculty Publications

In supporting gene patents, the patent office, the courts and other supporters have assumed that gene discoveries are identical to traditional inventions and therefore the patent system should treat them as identical. In other words, they have assumed that the relatively broad claims that are used for traditional inventions are also appropriate for encouraging gene discovery. This article examines this assumption and finds that gene discoveries are critically different from traditional inventions and concludes that the patent system cannot treat them as identical.

As a doctrinal matter, this article applies the generally overlooked constitutional requirements of inventorship and originality and ...


Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu May 2007

Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu

Cornell Law School J.D. Student Research Papers

The Indian film industry produces more movies than any other and is characterized as being on the threshold of emerging as a big market internationally with an expected growth rate of close to 20% per year. Its regulatory and legal mechanisms are developing rapidly to keep pace. This article is dedicated to the Indian film industry and its international potential. It analyzes the copyright aspects of film co-productions involving India and compares the characteristics of the national film industries of Germany, the U.S. and especially India (Bollywood) from a legal perspective. It points to key copyright issues in the ...


Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin Dec 2006

Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin

Cornell Law Faculty Publications

In 1994 the Wisconsin Bar and Judicial Council together urged the Wisconsin Supreme Court to take two dramatic steps with the combined aim of improving access to state case law: 1) adopt a new system of neutral citation and 2) establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a storm, and the Wisconsin court deferred decision on the package. In the years since those events, the background conditions have shifted dramatically. Neutral citation has been endorsed by the AALL and ABA and formally adopted in over a dozen states, including ...


Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson Jan 2005

Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson

Cornell International Law Journal

No abstract provided.


The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner Oct 2004

The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner

Cornell Journal of Law and Public Policy

No abstract provided.


The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai Nov 2003

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 ...


Before That Artist Came Along, It Was Just A Bridge: The Visual Artists Rights Act And The Removal Of Site-Specific Artwork, Francesca Garson Oct 2001

Before That Artist Came Along, It Was Just A Bridge: The Visual Artists Rights Act And The Removal Of Site-Specific Artwork, Francesca Garson

Cornell Journal of Law and Public Policy

No abstract provided.


Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala Oct 1999

Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala

Cornell Journal of Law and Public Policy

No abstract provided.


Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester Oct 1999

Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester

Cornell Journal of Law and Public Policy

No abstract provided.


The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman Jan 1993

The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman

Cornell International Law Journal

No abstract provided.


Copyright Royalties For Visual Artists: A Display-Based Alternative To The Droit De Suite , William A. Carleton Iii Jan 1991

Copyright Royalties For Visual Artists: A Display-Based Alternative To The Droit De Suite , William A. Carleton Iii

Cornell Law Review

No abstract provided.


Enforceability Of State Shrink-Wrap License Statutes In Light Of Vault Corp V. Quaid Software Ltd., Page M. Kaufman Nov 1988

Enforceability Of State Shrink-Wrap License Statutes In Light Of Vault Corp V. Quaid Software Ltd., Page M. Kaufman

Cornell Law Review

No abstract provided.


Copyright Compromise And Legislative History , Jessica D. Litman Jul 1987

Copyright Compromise And Legislative History , Jessica D. Litman

Cornell Law Review

No abstract provided.


New York Artists’ Authorship Rights Act Increased Protection And Enhanced Status For Visual Artists , Sarah Ann Smith Nov 1984

New York Artists’ Authorship Rights Act Increased Protection And Enhanced Status For Visual Artists , Sarah Ann Smith

Cornell Law Review

No abstract provided.


Innovation And Imitation Artistic Advance And The Legal Protection Of Architectural Works , Elizabeth A. Brainard Nov 1984

Innovation And Imitation Artistic Advance And The Legal Protection Of Architectural Works , Elizabeth A. Brainard

Cornell Law Review

No abstract provided.


Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley Apr 1981

Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley

Cornell Law Review

No abstract provided.