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Copyright

2008

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Full-Text Articles in Law

Copyright And Copy-Reliant Technology Mar 2012

Copyright And Copy-Reliant Technology

Matthew Sag

This article studies the rise of copy-reliant technologies – technologies such as Internet search engines and plagiarism detection software that, although they do not read, understand or enjoy copyrighted works, necessarily copy them in large quantities. This article provides a unifying theoretical framework for the legal analysis of topics that tend to be viewed discretely. Search engines, plagiarism detection software, reverse engineering and Google’s nascent library cataloging effort, are each part of a broader phenomenon brought about by digitization, that of copy-reliant technologies. These technologies raise two novel, yet central, questions of copyright law. First, whether a non-expressive use that ...


Scholarly Journals And The Open Access Conundrum, Colin Sakumoto Dec 2008

Scholarly Journals And The Open Access Conundrum, Colin Sakumoto

Colin B Sakumoto

This paper examines the desirability and feasibility of open access scholarly journals with particular emphasis on the parties shaping the production of these journals. In examining how the current publishing model will shape the implementation of open access publishing, analysis of the obstacles likely to hinder implementation is given in depth. Finally, a number of measures are suggested to help build the momentum needed to one day realize a widespread open access publishing model.


A Uniquely Canadian Institution: The Copyright Board Of Canada, Daniel J. Gervais Dec 2008

A Uniquely Canadian Institution: The Copyright Board Of Canada, Daniel J. Gervais

Daniel J Gervais

Several countries have fostered the growth of Collective Management Organizations (CMOs) through legislative initiatives in the belief that CMOs offer a viable solution to the problems associated with individual licensing, collecting royalties and enforcing copyright against large numbers of users. In theory, collective licensing enables creators to exercise rights in a fair, efficient and accessible manner. It ensures copyright protection when individual management of it becomes difficult or impracticable. However, collective management is not a panacea, and questions have been raised about the efficiency and the transparency of CMOs and their continued relevancy in the digital age. This Chapter attempts ...


The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng Dec 2008

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman Dec 2008

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Considering The Reach Of Phelps, Thomas G. Field Jr. Dec 2008

Considering The Reach Of Phelps, Thomas G. Field Jr.

University of New Hampshire Law Review

[Excerpt] “As the Supreme Court recently confirmed in Quanta Computer, Inc. v. LG Electronics, Inc., patent and copyright owners have limited rights following voluntary transfers of protected goods. Moreover, as discussed at length by the Second Circuit in Platt & Munk Co. v. Republic Graphics, Inc., patent owners‟ rights have long been similarly affected by involuntary transfers. Platt & Munk finds the lack of equivalent copyright rulings remarkable, but does not allow lack of direct precedent to stand in the way of finding that involuntary transferees of copyright-protected goods have the same rights as voluntary transferees.

Initially, the Fourth Circuit, in Christopher ...


Copyright 101, Jay M. Nadlman Nov 2008

Copyright 101, Jay M. Nadlman

Learning Exchange Networks

This presentation gives a brief overview of copyright, Fair Use, and other issues of intellectual property.


The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison Nov 2008

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison

William & Mary Law Review

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is ...


"Fit For Purpose:" Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe, Susanna Monseau Oct 2008

"Fit For Purpose:" Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe, Susanna Monseau

Susanna Monseau

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the 50 year term to a 95-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and ...


Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison Oct 2008

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey Oct 2008

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright And Permissions: Sometimes They're The Same, Kopana Terry Oct 2008

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.


The Harry Potter Lexicon And The World Of Fandom: Fan Fiction, Outsider Works, And Copyright, Aaron Schwabach Sep 2008

The Harry Potter Lexicon And The World Of Fandom: Fan Fiction, Outsider Works, And Copyright, Aaron Schwabach

Aaron Schwabach

Fan fiction, long a nearly invisible form of outsider art, has grown exponentially in volume and legal importance in the past decade. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of issues of property, sexuality, and gender. This article examines three disputes over fan writings, concluding with the recent dispute between J.K. Rowling and Steven Vander Ark over the Harry Potter Lexicon, which Rowling once praised and more recently succeeded in suppressing. The article builds on and adds to the emerging body of scholarship on fan fiction, concluding that much fan fiction is ...


Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar Sep 2008

Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Copyright And The Fashion Industry, Victoria Watkins Sep 2008

Copyright And The Fashion Industry, Victoria Watkins

Victoria R Watkins

This paper seeks to discuss the relationship, or lack there of, between copyrights and the fashion industry. Although fashion designs are works of authorship, and comply with originality requirements of § 102 of the Copyright Act, the structure and nature of the industry do not compel the need for this protection, enabling it to run efficiently without it. In order to prove the stated claim, the article will examine the history of the industry, case law, other scholarly writings and current trends in the market.


Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul Heald Sep 2008

Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul Heald

Paul J. Heald

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are just as likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of ...


Grokster, Bittorrent, Copyright Infringement, And Inducement: How Modus Operandi Can Provide A Functional Standard For Future File-Sharing Cases, Jamie Gregorian Aug 2008

Grokster, Bittorrent, Copyright Infringement, And Inducement: How Modus Operandi Can Provide A Functional Standard For Future File-Sharing Cases, Jamie Gregorian

Jamie Gregorian

In 2005, the Supreme Court issued its landmark ruling in MGM Studios Inc. v. Grokster, Ltd. In that ruling, the Court created the inducement standard, a new avenue by which artists could pursue claims against file-sharing companies that were facilitating the infringement of their intellectual property. Under the inducement standard, the act of inducing another to infringe copyright is now sufficient to confer secondary liability. As file-sharing outfits continue to learn from previous judicial decisions and tailor their infringement-facilitating software so as to avoid legal liability, the criminal law concept of modus operandi may prove beneficial to courts in deciding ...


Global Warming Trend?: The Creeping Indulgence Of Fair Use In International Copyright Law, Richard J. Peltz Aug 2008

Global Warming Trend?: The Creeping Indulgence Of Fair Use In International Copyright Law, Richard J. Peltz

Richard J. Peltz-Steele

This article explores the standing in the international legal community of the fair use doctrine of U.S. copyright law. Arguably at odds with the Berne Convention and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, the fair use doctrine is nevertheless gaining steam, its likeness appearing in different guises, from plain importation into Israeli law to nuanced interpretation of the “public interest” defense in U.K. courts. This article contends that it would be in the best interests of copyrightholders and content users alike, now more than ever, to negotiate an international norm of fair use.


Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee Aug 2008

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

Edward Lee

This Essay examines the possible effect the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment’s right to bear “arms” and the Free Press Clause’s right to the freedom of the “press,” meaning the printing press. Both rights were viewed, moreover, as preexisting ...


Copyright Infringement In The Internet Age - Primetime For Harmonized Conflict-Of-Laws Rules?, Anita B. Frohlich Aug 2008

Copyright Infringement In The Internet Age - Primetime For Harmonized Conflict-Of-Laws Rules?, Anita B. Frohlich

Anita B Frohlich

The traditionally national nature of law endangers its very raison d’être in today’s interconnected and borderless world. Conflict-of-laws methodology may prove to represent an adequate means to maintain relevance of national legal tradition in presence of the increasingly international nature of legal disputes. Here, I propose that only a harmonized conflict-of-laws framework can achieve this goal. Specifically, I focus on international copyright law since (1) the current national jurisprudence in this field is unsatisfactory and disparate, (2) international intellectual property law has so far mostly failed to cross-fertilize with the field of conflict of laws, and (3) there ...


Copyright, Clickers, And Consensus, Jonathan Bacon Jul 2008

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.


Pirates Among The Second Life Islands – Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby Jul 2008

Pirates Among The Second Life Islands – Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby

Ben Quarmby

Virtual online worlds such as Second Life – a world in which users can live, work and purchase virtual goods, services and real estate – have enjoyed a well-documented explosion in popularity. Their success, however, has not come without some degree of turbulence. Relying on the example of Second Life, this article will address one of the primary sources of concern to arise in connection with these worlds: the dramatic escalation in trademark and copyright violations in virtual world and its impact on real-world individuals or business entities. Given that users have the ability to design and create virtual property in-world, and ...


Copyright And Fair Use In The New Digital Age, Jonathan R. Medina Jul 2008

Copyright And Fair Use In The New Digital Age, Jonathan R. Medina

Jonathan R Medina

This paper concerns aspects of intellectual property law in the new digital age and how Fair Use should be modified to include some user-generated content. However, users should be cautious of copyright concerns of creators and respect those rights, using their works in context.


Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen Jul 2008

Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen

Marquette Intellectual Property Law Review

In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context ...


Intellectual Property Rights And Global Warming, Estaelle Derclaye Jul 2008

Intellectual Property Rights And Global Warming, Estaelle Derclaye

Marquette Intellectual Property Law Review

Global warming is an issue that is everywhere in today's society. This article examines whether intellectual property rights could be the solution to the global warming problem. The article limits its discussion to patent and copyright law and explores solutions to global warming that are applicable in Europe. The author suggests that these recommendations could influence other countries to make their intellectual property rights greener, as intellectual property rights are based on international instruments and universal agreements that could apply in any country. The article examines how current copyright and patent laws already tackle global warming and explains how ...


Copyright, Technology, And Access To The Law: An Opinionated Primer, James Grimmelmann Jun 2008

Copyright, Technology, And Access To The Law: An Opinionated Primer, James Grimmelmann

James Grimmelmann

Recently, the state of Oregon has used copyright law to threaten people who were publishing its laws online. Can they really do that? More to the point, why would they? This essay will put the Oregon fracas in historical context, and explain the public policies at stake. Ultimately, it'll try to convince you that Oregon's demands, while wrong, aren't unprecedented. People have been claiming copyright in "the law" for a long time, and at times they've been able to make a halfway convincing case for it. While there are good answers to these arguments, they're ...


Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann Jun 2008

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Making Circumstantial Proof Of Distribution Available, Robert Kasunic Jun 2008

Making Circumstantial Proof Of Distribution Available, Robert Kasunic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli Jun 2008

Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro Jun 2008

“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.