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Articles 1 - 16 of 16

Full-Text Articles in First Amendment

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler Jun 2016

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Journal of Intellectual Property Law

No abstract provided.


Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin Apr 2016

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Journal of Intellectual Property Law

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley Apr 2016

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2016

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar Apr 2016

Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar

Journal of Intellectual Property Law

No abstract provided.


A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern Apr 2016

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern

Journal of Intellectual Property Law

No abstract provided.


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr Apr 2016

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram Apr 2016

Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram

Journal of Intellectual Property Law

No abstract provided.


A Response To Mr. Y'Barbo's Reply, L. Ray Patterson Apr 2016

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo Apr 2016

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Journal of Intellectual Property Law

No abstract provided.


Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee Apr 2016

Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee

Journal of Intellectual Property Law

No abstract provided.


Copyright And The Constitution In The Age Of Intellectual Property, David Lange Mar 2016

Copyright And The Constitution In The Age Of Intellectual Property, David Lange

Journal of Intellectual Property Law

No abstract provided.


An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng Jan 1997

An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng

LLM Theses and Essays

Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution, however, an issue arises when the individual wants to make a copy of the copyrighted work. New technologies like photocopying and videotaping make this issue more prominent today. Some copyright owners think that the individual’s copying for private use is harmful to their potential market and they argue for compensation. Does the individual have the right under the personal use principle to reproduce the copyrighted work for private …


Fair Use In American And Continental Laws, Omar M.A. Obeidat Jan 1997

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …


Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr. Oct 1996

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Scholarly Works

By letter of 1 March 1993, the Copyright Compliance Office of the Association of American Publishers (AAP) informed a copyshop that it had “without prior permission, made multiple copies of excerpts of copyrighted works for distribution to students in course anthologies.” Stating that this copying was an infringement of copyright, the letter requested the copyshop to sign an enclosed agreement stating it would not commit such acts again and to pay a penalty of “$2,500 to help defray the costs of the AAP's copyright enforcement program in this matter and to impress on your business the need to operate in …


Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley Jan 1986

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

Scholarly Works

The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …