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Full-Text Articles in Law
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
University of Miami Law Review
Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …
Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely
Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely
St. Mary's Law Journal
No abstract provided.
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
University of Miami Law Review
The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.
This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …
When Copyright Law Meet Anonymous Street Art, Breanna M. Moe
When Copyright Law Meet Anonymous Street Art, Breanna M. Moe
Marquette Intellectual Property & Innovation Law Review
None
Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers
Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers
University of Miami Law Review
Internet piracy threatens Japan’s most popular cultural exports: manga and anime. Fans have taken to translating and distributing the works online for other fans to enjoy because official translated versions of manga and anime are released overseas later than the original in Japan, or they are never released at all. In order to combat the illegal downloading and distributing of manga, the National Diet, Japan’s legislature, passed an amendment to the Japanese Copyright Act that increases punishments for leech sites and illegal downloading of manga.
This Note discusses the manga and anime industries and their struggles with piracy before reviewing …
What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler
What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler
University of Miami Law Review
Recent lawsuits involving the Pirates of the Caribbean film franchise and the Oscar award-winning movie The Shape of Water required courts to wrestle with the application of the decisive scènes à faire doctrine. In doing so, the Ninth Circuit exposed the doctrine’s chief pitfall: the lack of a temporal framework.
The modern scènes à faire doctrine limits the scope of what authors can claim as substantially similar by excluding the standard or stock elements in a given expressive work from copyright protection. Courts will often conclude that a contested element is scènes à faire if it can be demonstrated that …
Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson
Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson
Washington Law Review
TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …
“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?, Kate Camarata
“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?, Kate Camarata
Seattle University Law Review
The interaction between music and law is unique to copyright litigation. Music is “commonly regarded as a rule-free zone,” whereas the law is structured and, in essence, the “origin for rules.” This Note explores the inherent weaknesses with the substantial similarity test for copyright infringement as it relates to popular music through the lens of the recent Ninth Circuit case, Skidmore v. Led Zeppelin.
Part I of this Note reviews the history and purpose of copyright protection as well as explains the current tests utilized by courts in copyright infringement cases. Additionally, it will also show the difficulties of …
What Protections Are Available To Graffiti Artists?, Molly Lamovec
What Protections Are Available To Graffiti Artists?, Molly Lamovec
Cybaris®
No abstract provided.
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
University of Richmond Law Review
No abstract provided.
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Touro Law Review
No abstract provided.
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Indiana Journal of Law and Social Equality
No abstract provided.
Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning
Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning
St. Mary's Journal on Legal Malpractice & Ethics
This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct. Social networking has had a transformative effect both on the way society shares information and on the legal profession. Much of the discussion to date focuses on the discovery and use of evidence from social media sites in criminal cases and civil litigation, but attention must also be directed to the ethical quandaries posed by the legal profession’s use of social media. This Article will consider issues such as …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
NYLS Law Review
No abstract provided.
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
St. Mary's Law Journal
This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …
D Is For Digitize: An Introduction, James Grimmelmann
D Is For Digitize: An Introduction, James Grimmelmann
NYLS Law Review
No abstract provided.
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.
Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang
Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang
NYLS Law Review
No abstract provided.
Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar
Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar
NYLS Law Review
No abstract provided.
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
NYLS Law Review
No abstract provided.
Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively
Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively
St. Mary's Law Journal
Microsoft Windows Vista’s widespread use and influence on the market represents an ideal case study on the enforceability, pitfalls, and future of the End-User License Agreement (EULA). Since the release of the Windows Vista operating system in early 2007, Microsoft consumers often do not realize they are entering into a contract with Microsoft when they install Windows Vista onto their computer. Microsoft consumers probably do not realize that they may be clicking away valuable rights. In analyzing the enforceability of the specific terms of the Windows Vista EULA, Washington law will be the primary source because the Windows Vista EULA …
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
NYLS Law Review
No abstract provided.