Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Intellectual Property Law
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp
Oklahoma Journal of Law and Technology
No abstract provided.
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Oklahoma Journal of Law and Technology
No abstract provided.
Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton
Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton
Oklahoma Journal of Law and Technology
No abstract provided.
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon
Faculty Scholarship
My own view is that Goold overstates the explanatory role of tort law. But even were that not the case, the courts need to reach some kind of “settled” understanding on these various interests before a cause of action is created or definitively rejected, and that no such consensus on the three matters mentioned yet exists, whether they are viewed as forms of tort or otherwise. Goold’s work may nevertheless be an important step toward reaching closure on these and other open questions in copyright law.
Transformative Use In Software, Clark D. Asay
Transformative Use In Software, Clark D. Asay
Faculty Scholarship
Fair use is copyright law’s most important defense against claims of copyright infringement. It provides courts with an equitable tool for allowing parties to use the copyrighted materials of others without liability when doing so facilitates copyright’s constitutional purpose of promoting the “progress of Science and the useful Arts.”
When analyzing fair use, modern courts place great emphasis on whether the purportedly fair use involves a “transformative use” of the copyrighted materials. In what some are calling the most important software copyright case in decades, a jury recently handed Google a victory by concluding that Google’s reuse of some of …
Fair Use And Appropriation Art, Niels Schaumann
Fair Use And Appropriation Art, Niels Schaumann
Niels Schaumann
Part I provides some background regarding aesthetic vocabulary in the arts, and traces the use of appropriated images in the twentieth- and twenty-first centuries. Part II discusses the general application of copyright law to appropriation art. Part III examines the current status of the fair use cases that address appropriation art and concludes that the fair use results are better than before, largely because of the ascendancy of “transformativeness” as an important fair use factor. It also concludes, however, that fair use remains insufficient to protect appropriation art. Finally, Part IV re-proposes a solution—an exception to copyright, limited to fine …
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Touro Law Review
No abstract provided.
Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag
Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag
Faculty Publications & Other Works
This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act (DMCA). The internet safe harbors and the associated system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. More recently, private agreements between rightsholders and large commercial internet platforms have been made …
An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr.
An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr.
Law Faculty Scholarly Articles
This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright …
Where's The Fair Use? The Takedown Of Let's Play And Reaction Videos On Youtube And The Need For Comprehensive Dmca Reform, Jessica Vogele
Where's The Fair Use? The Takedown Of Let's Play And Reaction Videos On Youtube And The Need For Comprehensive Dmca Reform, Jessica Vogele
Touro Law Review
No abstract provided.
Software's Copyright Anticommons, Clark D. Asay
Software's Copyright Anticommons, Clark D. Asay
Faculty Scholarship
Scholars have long assessed “anticommons” problems in creative and innovative environments. An anticommons develops when an asset has numerous rights holders, each of which has a right to prevent use of the asset, but none of which has a right to use the asset without authorization from the other rights holders. Hence, when any one of those rights holders uses its rights in ways that inhibit use of the common asset, an anticommons may result.
In the software world, scholars have long argued that anticommons problems arise, if at all, because of patent rights. Copyright, on the other hand, has …
Copyright, Jane C. Ginsburg
Copyright, Jane C. Ginsburg
Faculty Scholarship
This chapter oers an overview of copyright in general in common law and civil law countries, with an emphasis on the United States (US) and the European Union (EU). It addresses the history and philosophies of copyright (authors’ right), subject matter of copyright (including the requirement of xation and the exclusion of “ideas”), formalities, initial ownership and transfers of title, duration, exclusive moral and economic rights (including reproduction, adaptation, public performance and communication and making available to the public, distribution and exhaustion of the distribution right), exceptions and limitations (including fair use), and remedies. It also covers the liability of …
Fair Use And Fair Dealing: Two Approaches To Limitations And Exceptions In Copyright Law, Shyamkrishna Balganesh, David Nimmer
Fair Use And Fair Dealing: Two Approaches To Limitations And Exceptions In Copyright Law, Shyamkrishna Balganesh, David Nimmer
Faculty Scholarship
Premised on realizing a balance between protection and access, ‘limitations and exceptions’ play an important role in the any copyright system. Jurisdictions around the world are generally thought to adopt one of two possible approaches to structuring limitations and exceptions: (a) the fair dealing approach, which delineates highly specific and carefully-worded exceptions with little room for judicial discretion, and (b) the fair use approach, which relies on more open-ended language and its contextual tailoring by courts. This chapter undertakes a comparative analysis of these two approaches using the Indian and US copyright systems as its focus. It shows that, although …