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Full-Text Articles in Intellectual Property Law
Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick
Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick
Pepperdine Law Review
At any given fast fashion store, there may be a near exact replica of a ‘designer’ clothing item that sells for four times less than the amount it would at a luxury retailer. Wait—isn’t that illegal? After the Supreme Court’s landmark separability test created in Star Athletica, the answer may soon be yes. Fast fashion chains make their money exploiting the historical lack of copyright protection in the fashion industry. Lamps, shoes, and clothes have long been held ineligible for copyright protection because the utilitarian features are inseparable from the artistic. In other words, the part of clothing that is …
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
The Journal of Business, Entrepreneurship & the Law
In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will discuss the …
Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren
Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren
Pepperdine Law Review
Congress has enacted the 1976 Copyright Act which does not grant resale royalties to fine artists. It does, however, add a strong preemption provision that was not a part of the 1909 Act. This provision emphatically preempts any state law granting a right equivalent to a right granted by the federal statute to any work which is the subject matter of copyright. In its desire to increase protection for fine artists, the State of California has enacted the first droit de suite legislation in the United States, patterned after European copyright law, which extends resale royalties to fine artists. This …
Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous
Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous
Pepperdine Law Review
No abstract provided.
States Escape Liability For Copyright Infringement?, Michelle V. Francis
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.