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Full-Text Articles in Law
Fair Or Free Use Of Copyrighted Materials In Education And Research And The Limit Of Such Use, Muhammad Masum Billah, Saleh Albarashdi
Fair Or Free Use Of Copyrighted Materials In Education And Research And The Limit Of Such Use, Muhammad Masum Billah, Saleh Albarashdi
Chicago-Kent Journal of Intellectual Property
The concept of fair use, fair dealing, or free use of copyrighted works for education and research is incorporated in copyright laws around the world. This is to strike a balance between the private interests of copyright holders and the public interests of students and researchers to use the copyrighted materials in furthering their knowledge. While fair and free use of copyrighted materials for the purpose of study and research is favored and permitted under copyright laws almost everywhere in the world, the limit of such use is not clearly defined in these laws. This Article will attempt to determine …
Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke
Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke
Chicago-Kent Journal of Intellectual Property
No abstract provided.
R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle
R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka
Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chasing Echos Of Obscenity Exceptionalism In Copyright: Recent Swarm Cases, James R. Alexander
Chasing Echos Of Obscenity Exceptionalism In Copyright: Recent Swarm Cases, James R. Alexander
Chicago-Kent Journal of Intellectual Property
Recent district court rulings regarding copyright violations using BitTorrent file-sharing protocols to illegally download pornographic films have been numerous and largely procedural. But some have casually included language challenging the established doctrine of content neutrality in copyright, noting that obscenity exceptionalism might still be within the court’s policy discretion. This article traces these recent rulings and finds little substantive argument on behalf of exceptionalism other than its long-time understanding under common law, now abandoned. It also examines the critical early nineteenth century common law rulings considered seminal in establishing content exceptionalism in copyright and finds that current court references to …
European Parliament Resolution Of 9 July 2015 And Its Progeny: Why The Digital Age Demands A Single European Copyright Title, Kevin J. Cammiso
European Parliament Resolution Of 9 July 2015 And Its Progeny: Why The Digital Age Demands A Single European Copyright Title, Kevin J. Cammiso
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Permission Impossible: An Exception-Based Legislative Solution For Digitizing Copyright-Protected Works, Connor J. Hansen
Permission Impossible: An Exception-Based Legislative Solution For Digitizing Copyright-Protected Works, Connor J. Hansen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
When Copyright Is Not Enough: Deconstructing Why, As The Modern Music Industry Takes, Musicians Continue To Make, Glenton Davis
When Copyright Is Not Enough: Deconstructing Why, As The Modern Music Industry Takes, Musicians Continue To Make, Glenton Davis
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley
Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright’S Other Functions, Margaret Chon
Copyright’S Other Functions, Margaret Chon
Chicago-Kent Journal of Intellectual Property
This response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as …
Suspect Assertions Of Copyright, Edward Lee
Suspect Assertions Of Copyright, Edward Lee
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Fair Use’S Unfinished Business, Rebecca Tushnet
Fair Use’S Unfinished Business, Rebecca Tushnet
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Challenges Of Following Good Advice About Copyright And The First Amendment, Alfred C. Yen
The Challenges Of Following Good Advice About Copyright And The First Amendment, Alfred C. Yen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Sherlock Holmes & The Case Of The Contested Copyright, Jessica L. Malekos Smith
Sherlock Holmes & The Case Of The Contested Copyright, Jessica L. Malekos Smith
Chicago-Kent Journal of Intellectual Property
For generations, Sir Arthur Conan Doyle’s novels and short stories on the adventures of Sherlock Holmes have captivated the minds of readers and fueled a lucrative intellectual property market. The historical trajectory of international copyright protections to this literary canon, however, is an equally intriguing, if not mysterious, page-turner. This Note explores the procedural history of Klinger v. Conan Doyle Estate, Ltd., and examines how the literary characters of Sherlock Holmes and Dr. John H. Watson can simultaneously exist in the public domain, while certain story elements still remain under copyright protection in the United States until 2022.
Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern
Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown
Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Rectifying Fair Use After Cariou V. Prince: Reviving The Forgotten Statutory Text And Requiring That Unauthorized Copying Be Justified, Rather Than Merely “Transformative”, Daniel J. Brooks
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Defining The Press Clause: The End Of Hot News And The Attempt To Save Traditional Media, Adam Tragone
Defining The Press Clause: The End Of Hot News And The Attempt To Save Traditional Media, Adam Tragone
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Silent Similarity, Jessica Litman
Silent Similarity, Jessica Litman
Chicago-Kent Journal of Intellectual Property
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart …
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Chicago-Kent Journal of Intellectual Property
Fair use analyses are overly vague and abstract. While the Copyright Act established four factors for courts to consider when determining if an alleged infringer’s use of copyrighted work is “fair”, these factors are not susceptible to easy interpretation. More importantly, once these factors have been interpreted, a trier of fact is instructed to balance these factors against each other. No effective method currently exists in guiding courts as to how to balance inherently disparate factors against each other, either in terms of intensity of the factors or how one factor might balance against another totally different factor. This article …
The End Of (Meta) Search Engines In Europe?, Martin Husovec
The End Of (Meta) Search Engines In Europe?, Martin Husovec
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine, C. Todd Mosley
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine, C. Todd Mosley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology, Theo Austin Bruton
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology, Theo Austin Bruton
Chicago-Kent Journal of Intellectual Property
U.S. courts frequently analyze new technology under copyright law. Over the years, the courts have applied copyright law to photographic cameras, computer programs, digital video recorders, and much more. However, a recent breakthrough in the neuroscience community may force judges to apply copyright standards in an unorthodox fashion. A group of researchers at UC Berkeley devised a process that reconstructs video sequences from the human brain, essentially creating a movie from the person’s mind. As this neurotechnology develops, it is uncertain how judges will apply copyright law to content taken directly from the brain. Nevertheless, this Article argues that such …
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell
Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Chicago-Kent Journal of Intellectual Property
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.
The Illusion Of Copyright Infringement Protection, Jenny Small
The Illusion Of Copyright Infringement Protection, Jenny Small
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Chicago-Kent Journal of Intellectual Property
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …