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Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku May 2017

Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku

Honors Projects

Contemporary copyright decisions by Federal Courts perplex composers; am I the creative composer, or am I an infringer on someone else’s intellectual property? By forming a temporary monopoly to monetize new content, copyright protection incentivizes artists to be fruitful. In a creative field like music, an overly broad definition of copyrightable expression can lead to a “chilling effect” on creativity. This chilling effect is exacerbated by the great latitude given expert witnesses to claim infringement based on broad classifications of expressions. My paper addresses the question: To what extent should expert witnesses be probative when they extend ownership rights ...


Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino Nov 2016

Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino

Electronic Thesis and Dissertation Repository

Due to significant changes in the Canadian copyright system, universities are seeking new ways to address the use of copyrighted works within their institutions. While the law provides quite a bit of leeway for use of copyrighted materials for educational and research purposes, the response by Canadian universities and related associations has not been to fully embrace their legal rights – rather, they have taken an approach that places emphasis on risk avoidance rather than maximizing use of materials, unlike their American counterparts. In the U.S., where educational fair use is arguably less flexible in application than fair dealing, there ...


Ownership Causes Social Inequality. To Reduce Social Inequality, Reduce Or Diffuse Ownership: An Analysis With Particular Application To The Copyright System, Benedict Atkinson Jan 2015

Ownership Causes Social Inequality. To Reduce Social Inequality, Reduce Or Diffuse Ownership: An Analysis With Particular Application To The Copyright System, Benedict Atkinson

Theses

Humans contest for control or ownership. Contest is to a considerable extent inescapable because conceptually a large part of most grammars involve possession and appropriation. Language creates antithesis (‘mine, yours’) that results in conflict. The result of conflict is possession and dispossession, which results in ownership, which is expressed in property and property systems. This dissertation focuses on the exclusionary effect of property systems. Property confers the power to exclude and the aggregate of legal exclusions, which constitutes a property system, objectively or instrumentally creates social exclusion and thus social inequality. Income and property tax facilitate redistribution, reducing social inequality ...


Legal And Social Implications Of The 3d Printing Revolution, Alexander J. Mendoza Jan 2015

Legal And Social Implications Of The 3d Printing Revolution, Alexander J. Mendoza

CMC Senior Theses

ABSTRACT

Emerging 3D printing technologies bring with it the potential to transform everyday consumers into manufacturers of every product imaginable. However, this impending wave of newfound technological capability is bound to crash against our present conventional system of laws and regulations. In this paper, the strengths and weaknesses of our current intellectual property framework are examined, and its ability to tackle the future 3D printing market is assessed. Particular attention is paid to our modern formation of copyright and patent law, including an analysis of the Digital Millennium Copyright Act (DMCA), the Repair-Reconstruction Doctrine and other substantial legal protocol. The ...


Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri Jan 2015

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.


Suing Everyone Will Not Solve The Problem: An Analysis Of The Development Of Peer-To-Peer File Sharing, The Actions Taken By The Music And Movie Industries Against Them, Stephen G. Lee Apr 2014

Suing Everyone Will Not Solve The Problem: An Analysis Of The Development Of Peer-To-Peer File Sharing, The Actions Taken By The Music And Movie Industries Against Them, Stephen G. Lee

Selected Honors Theses

No abstract provided.


Backward C Inside A Circle: Free Culture In Zines, Alycia Sellie Feb 2014

Backward C Inside A Circle: Free Culture In Zines, Alycia Sellie

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Although zines made today utilize many forms of antiquated technologies such as the typewriter and the photocopier in their construction, they are a part of contemporary tinkering with intellectual property. This thesis examines free culture as it has been expressed in self-published zines made in the last thirty-five years. It looks at the licenses found in zines as conversations between a zine maker and a zine reader. Beyond just the legal implications, the cultural and ethical effects of licensing a zine are explored.

The internet is not the only place where people have played with intellectual property and toyed with ...


A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning Jan 2012

A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning

Graduate Theses and Dissertations

This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there ...


The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi Jan 2011

The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi

CMC Senior Theses

In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in ...


Novel Properties: Communication, Copyright, And The British Novel, 1710-1774, Scott Enderle Jan 2011

Novel Properties: Communication, Copyright, And The British Novel, 1710-1774, Scott Enderle

Publicly Accessible Penn Dissertations

Literary investigations of copyright have generally taken a retrospective view of British eighteenth-century copyright law. Influenced by the assumptions and methods of historical materialism, and aiming to critique romantic notions of authorship, such projects have sought in the eighteenth century a narrative of the 'rise of the romantic author.' Though productive, this approach has sometimes obscured other influential strains of thought about authorship, interpretation, and literary property that were widespread in the eighteenth century. This dissertation seeks to shift focus away from the historical materialist critique of romantic authorship--part of a debate that has its roots in the nineteenth century--and ...