Entertainment, Arts, and Sports Law Commons^™

The Copyright Infringement Test: A New Approach To Literary Misappropriation In Film, Rikki Bahar

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note argues that courts’ emphasis on the ordinary observer test to prove illicit copying in film is misguided. The ordinary observer test relies on whether the accused work captures the total feel of the copyrighted work, but overlooks an essential aspect of unlawful appropriation and copyright law – the idea that only particular elements of a work are copyrightable. If a jury is exposed to expert testimony regarding probative similarity before making their evaluation, it is unlikely they will forget such evidence when evaluating the illicit copying.

A better test for infringement would be one that allows the ordinary …

Pinning Your Way To Copyright Infringement: The Legal Implications Pinterest Could Face, Brittany Fink

Pace Intellectual Property, Sports & Entertainment Law Forum

With the simple click of a button, anyone can copy an image from one place and paste it to another. What some people do not realize is that these actions could have them one click away from copyright infringement. Advancements in technology have made it easier for Internet users to infringe on the rights of copyright owners. Many popular websites, such as YouTube and Facebook, have seen the dangers of allowing users to upload videos and images onto their websites. However, one popular website has not yet seen the wrath of copyright owners. This Article looks at the rights copyright …