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Full-Text Articles in Law
The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe
The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe
Chicago-Kent Law Review
Copyright law provides writers with a way to protect their original works of authorship, but courts often disagree over the scope of this protection and how far it can be extended for the fictional characters appearing within literary works. Characters like Holden Caulfield and James Bond have become extremely valuable forms of intellectual property, but even for such iconic figures it can be difficult to separate the character from the story to determine where one work ends and the other begins. To address this issue, the Second Circuit follows the "distinctly delineated" test, which asks whether a character has been …
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Chicago-Kent Law Review
This note uses humorous illustrations culled from the history of popular heavy metal music to facilitate examination of the effectiveness of joint authorship analysis by modern federal courts. The note carefully considers a variety of common contributions made by band members in the absence of any written or verbal agreement about authorship, and concludes (1) that a more equitable regime would do away with the requirement that a co-author make an "independently copyrightable" contribution, and (2) that courts must take greater care not to transform "will to control" into "intent to be a sole author."
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
All Faculty Scholarship
No abstract provided.