Intellectual Property Law Commons^™

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Switzerland's Patent Law History , Dominique S. Ritter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Speaking With A Forked Tongue In The Global Debate On Traditional Knowledge And Genetic Resources: Is U.S. Intellectual Property Law And Policy Really Aimed At Meaningful Protection For Native American Cultures?, Nancy Kremers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Virtual Markets For Virtual Goods: The Mirror Image Of Digital Copyright?, Peter D. Eckersley

ExpressO

The Internet and Copyright Law are particularly ill-suited to each other. One is designed to give as much information as possible to everyone who wants it; the other allows authors, artists and publishers to earn money by restricting the distribution of works made out of information. The beneficiaries of copyright law are lobbying for the re-design of computers and the Internet to instate "content control" and "digital rights management" (DRM). These technologies are intended to make copyright workable again by re-imposing limits on access to information goods, but they carry high direct and indirect social costs.

One alternative, which has …

Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno

Campbell Law Review

This article will present specific legal cases involving the need for choreographers to copyright their works and will address whether the need for copyright protection for a dance is overly disputed or immensely neglected.

Owning Music: From Publisher's Privilege To Composer's Copyright, Michael W. Carroll

ExpressO

More than four years after Napster demonstrated the power of the Internet as a means of distributing music, we still are in the midst of a cultural and legal debate about what the respective rights of music copyright owners, follow-on creators, disseminators, and purchasers should be. A common assumption underlying much of the debate is that whatever settlement emerges, it will apply equally to all forms of expression. This Article questions that assumption by investigating the early history of copyright in music.

For the first time in legal scholarship, the Article reveals and examines the distinct early history of copyright …

Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman

ExpressO

No abstract provided.

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

Panel I: The Future Of Sports Television, Ronald A. Cass, Mark Abbott, Irwin Kishner, Brad Ruskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Title Ix From The Red Rose Crew To Grutter: The Law And Literature Of Sports, Joseph Z. Fleming

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The End Of Software Piracy In Eastern Europe? A Positive Outlook With International Help, Allison M. Collisson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cyber Crime And Punishment: Filtering Out Internet Felons, Jessica Habib

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Senators, Congressmen, Please Heed The Call: Ensuring The Advancement Of Digital Technology Through The Twenty-First Century., Andrew Sparkler

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Escalating Copyright Wars, Peter K. Yu

Faculty Scholarship

Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …

Panel Iii: Ethics And Sports: Agent Regulation, Patrick Connors, John Genzale, Richard Hilliard, Brian Mackler

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Genericness Doctrine Need Not Apply: Employing Generic Domain Names In Cyberspace., C. Kim Lee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo

UC Law SF Communications and Entertainment Journal

This paper analyzes the transformative use factor in fair use analysis of copyright law. The author argues that, in the changing information environment stimulated by digital information technology, the end user's creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work as found in the lower court cases after Campbell.