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Full-Text Articles in Law

Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo Jan 2017

Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo

Washington University Law Review

Sampling is a musical production practice that has become increasingly common since the 1980s. A producer samples by copying a section of a sound recording and inserting it into the piece of music she is producing. The type of sound recording sampled by producers can vary vastly from piece to piece. Numerous pop and hip hop songs sample from songs of various genres (rock, classical music, or other pop songs, for example). Audio from a film, commercial, or speech may also be inserted into a song. Typically, the purpose of these samples is either to make use of the musical ...


Testing Tarnishment In Trademark And Copyright Law: The Effect Of Pornographic Versions Of Protected Marks And Works, Christopher Buccafusco, Paul J. Heald, Wen Bu Jan 2017

Testing Tarnishment In Trademark And Copyright Law: The Effect Of Pornographic Versions Of Protected Marks And Works, Christopher Buccafusco, Paul J. Heald, Wen Bu

Washington University Law Review

Federal and state law both provide a cause of action against inappropriate and unauthorized uses that “tarnish” a trademark. Copyright owners also articulate fears of tarnishing uses of their works in their arguments against fair use and for copyright term extension. The validity of these concerns rests on an empirically testable hypothesis about how consumers respond to inappropriate unauthorized uses of works. In particular, the tarnishment hypothesis assumes that consumers who are exposed to inappropriate uses of works will find the tarnished works less valuable afterwards. This Article presents two novel experimental tests of the tarnishment hypothesis, focusing on unauthorized ...


Copyright And Inequality, Lea Shaver Jan 2014

Copyright And Inequality, Lea Shaver

Washington University Law Review

The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the inequality insight reminds us just because new works are created does not mean that most people can afford them, and calls for new attention to problems of affordability. Copyright protection inflates the price of books, with implications for distributive justice, democratic culture, and economic efficiency. Along the dimension of culture ...


Co-Blogging Law, Eric Goldman Jan 2006

Co-Blogging Law, Eric Goldman

Washington University Law Review

Bloggers often work collaboratively with other bloggers, a phenomenon I call “co-blogging.” The decision to co-blog may seem casual, but it can have significant and unexpected legal consequences for the co-bloggers. This Article looks at some of these consequences under partnership law, employment law, and copyright law and explains how each of these legal doctrines can lead to counterintuitive results. The Article then discusses some recommendations to mitigate the harshness of these results.


When In Doubt, Do Without: Licensing Public Performances By Nonprofit Camping Or Volunteer Service Organizations Under Federal Copyright Law, Julien H. Collins Iii Jan 1997

When In Doubt, Do Without: Licensing Public Performances By Nonprofit Camping Or Volunteer Service Organizations Under Federal Copyright Law, Julien H. Collins Iii

Washington University Law Review

No abstract provided.


Not In Public! The Ninth Circuit Devises A Two-Step Test For Public Performances Under The Copyright Act, Columbia Pictures Industries V. Professional Real Estate Investors, Inc., 866 F.2d 278 (9th Cir. 1989), Roger W. Wallach Jan 1990

Not In Public! The Ninth Circuit Devises A Two-Step Test For Public Performances Under The Copyright Act, Columbia Pictures Industries V. Professional Real Estate Investors, Inc., 866 F.2d 278 (9th Cir. 1989), Roger W. Wallach

Washington University Law Review

No abstract provided.


New Copyright Act And The Classroom Use Of Videotaped Films, Francis M. Nevins Jr. Jan 1978

New Copyright Act And The Classroom Use Of Videotaped Films, Francis M. Nevins Jr.

Washington University Law Review

No abstract provided.


Rx For Copyright Death, Francis M. Nevins Jr. Jan 1977

Rx For Copyright Death, Francis M. Nevins Jr.

Washington University Law Review

This Article examines the effect of the copyright law on three situations. In the first, the author of an underlying work licenses the creation of a derivative work for a fixed period. In the second, the contract between author and licensee is silent on whether it continues through the underlying work's renewal period. And in the third situation, although the contract continues through the renewal period, the author of the underlying work dies before the renewal term begins. In all three cases, the principle of discontinuity between the initial and renewal terms of copyright protection mandates the same result ...


Computer Intellectual Property Claims: Computer Software And Data Base Protection, Michael S. Keplinger Jan 1977

Computer Intellectual Property Claims: Computer Software And Data Base Protection, Michael S. Keplinger

Washington University Law Review

The National Commission on New Technological Uses of Copyrighted Works has defined a set of subsidiary issues which have formed the basis for conducting its research and study activities. These issues include: (1) The manner in which computer software should be dealt with by copyright law; (2) How the copyright law should apply to automated data bases; (3) The copyright consequences of the input or output of a copyrighted work within a computer system; (4) The copyright status of “new works of authorship” created by the application or intervention of computer technology; and (5) How the law should deal with ...


Copyright Protection For Writers Employed By The Federal Government Jan 1960

Copyright Protection For Writers Employed By The Federal Government

Washington University Law Review

No abstract provided.


Taxation Of Copyright Income Under The 1954 Internal Revenue Code Jan 1960

Taxation Of Copyright Income Under The 1954 Internal Revenue Code

Washington University Law Review

No abstract provided.


Is Notice Of Copyright Necessary In Works Published Abroad?—A Query And A Quandary, Arthur S. Katz Jan 1953

Is Notice Of Copyright Necessary In Works Published Abroad?—A Query And A Quandary, Arthur S. Katz

Washington University Law Review

Every field of law has its “twilight zones,” those areas where ambiguous statutes, contradictory decisions and dearth of authority make for uncertainty and confusion. American copyright law is singularly possessed of many such “twilight zones.” The writer has undertaken this article in the hope that his comments may illuminate (and perhaps, eliminate) the shaded area concerning the eligibility for copyright protection of works initially published abroad without notice of copyright.


Literary Property—Artist’S Right To Prevent Destruction Of His Work After Sale, Charles Harvard Perkins Jan 1951

Literary Property—Artist’S Right To Prevent Destruction Of His Work After Sale, Charles Harvard Perkins

Washington University Law Review

No abstract provided.


Copyright—Fair Use—Federal Rules Jan 1941

Copyright—Fair Use—Federal Rules

Washington University Law Review

No abstract provided.


Copyright—Dedication To The Public—Legends On Phonograph Records Jan 1941

Copyright—Dedication To The Public—Legends On Phonograph Records

Washington University Law Review

No abstract provided.


Motion Picture Copyright, Milton H. Aronson Jan 1940

Motion Picture Copyright, Milton H. Aronson

Washington University Law Review

No abstract provided.


Statutory Damages For Copyright Infringement, Carroll J. Donohue Jan 1939

Statutory Damages For Copyright Infringement, Carroll J. Donohue

Washington University Law Review

No abstract provided.


Copyright—Procudure For Perfecting—Time Of Deposit Of Copies Jan 1939

Copyright—Procudure For Perfecting—Time Of Deposit Of Copies

Washington University Law Review

No abstract provided.


Unfair Competition—Right To Privacy—Performer's Interest In His Recorded Performance—Injunction Jan 1938

Unfair Competition—Right To Privacy—Performer's Interest In His Recorded Performance—Injunction

Washington University Law Review

No abstract provided.


Publication As A Relinquishment Of The Common Law Right In Literary Property, Louise Clayton Larrabee Jan 1934

Publication As A Relinquishment Of The Common Law Right In Literary Property, Louise Clayton Larrabee

Washington University Law Review

No abstract provided.


Agency—Liability For Infringement Of Copyright By Independent Contractor Jan 1930

Agency—Liability For Infringement Of Copyright By Independent Contractor

Washington University Law Review

No abstract provided.


Copyrights—Musical Composition—Reception For Profit Jan 1929

Copyrights—Musical Composition—Reception For Profit

Washington University Law Review

No abstract provided.


Musical Copyrights—Infringement Through Failure Of Memory To Detect Source Of Melody—No Actual Damage—Minimum Recovery Jan 1924

Musical Copyrights—Infringement Through Failure Of Memory To Detect Source Of Melody—No Actual Damage—Minimum Recovery

Washington University Law Review

No abstract provided.


Copyrights—A Single Rendition Of The Refrain Of A Copyrighted Musical Selection, Without Permission—An Infringement—Damages Jan 1924

Copyrights—A Single Rendition Of The Refrain Of A Copyrighted Musical Selection, Without Permission—An Infringement—Damages

Washington University Law Review

No abstract provided.


Copyrights—Broadcasting Copyrighted Musical Composition By Radio Held Not “Public Performance”—Statute—Construed According To Natural Import Of Words Used Jan 1924

Copyrights—Broadcasting Copyrighted Musical Composition By Radio Held Not “Public Performance”—Statute—Construed According To Natural Import Of Words Used

Washington University Law Review

No abstract provided.