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Articles 31 - 60 of 126
Full-Text Articles in Intellectual Property Law
Collective Rights Licensing For Internet Downloads And Streams: Would It Properly Compensate Rights Holders, Steven Masur
Collective Rights Licensing For Internet Downloads And Streams: Would It Properly Compensate Rights Holders, Steven Masur
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Internet And Copyright Protection: Are We Producing A Global Generation Of Copyright Criminals, Fredrick Oduol Oduor
The Internet And Copyright Protection: Are We Producing A Global Generation Of Copyright Criminals, Fredrick Oduol Oduor
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Skiing Close To The Edge Of Trademark Law: The Enforceability Of Geographically Descriptive Marks In Vail Associates V. Vend-Tel-Co., John E. Jennings Iii
Skiing Close To The Edge Of Trademark Law: The Enforceability Of Geographically Descriptive Marks In Vail Associates V. Vend-Tel-Co., John E. Jennings Iii
Villanova Law Review
No abstract provided.
Harry Potter And The Copyright Act: Have The Courts Finally Waved A Magic Wand By Defining Fair Use For Secondary Authors, Meg Reid
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani
Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani
Villanova Law Review
No abstract provided.
All's Fair In Love And... Standard-Setting - The Third Circuit Says No To Deception And Yes To Antitrust Actions In Broadcom Corp. V. Qualcomm, Inc., Victoria Poulton
All's Fair In Love And... Standard-Setting - The Third Circuit Says No To Deception And Yes To Antitrust Actions In Broadcom Corp. V. Qualcomm, Inc., Victoria Poulton
Villanova Law Review
No abstract provided.
J.J. Morrison And His Right Of Publicity Lawsuit Against The Ncaa, Sean Hanlon, Ray Yasser
J.J. Morrison And His Right Of Publicity Lawsuit Against The Ncaa, Sean Hanlon, Ray Yasser
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Like A Candle In The Wind: Shaw Family Archives, Ltd. V. Cmg Worldwide, Inc. And The Flickering Recognition Of Marilyn Monroe's Right Of Publicity In New York, John C. Fuller
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Celebritysquatting: The Ubiquity Of Celebrity Culture And The Unique Problem It Presents For Domain Name Ownership, Sarah Noel Sheffield
Celebritysquatting: The Ubiquity Of Celebrity Culture And The Unique Problem It Presents For Domain Name Ownership, Sarah Noel Sheffield
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
Working Paper Series
This article examines the harm that accompanies real and threatened in-market relocations of professional sports teams and proposes a federal statutory remedy that will protect the interest of city residents given the reality that city governments have demonstrated their inability to adequately protect their electorate through contract law alone. Although, as this article discusses, there have been myriad bills proposed by Congress in response to several high profile out-of-market sports franchise relocations (mostly those involving NFL teams and mostly during the 1990’s), in-market relocations have historically occurred much more frequently, inflicting similar harms to the spurned city residents. Moreover, as …
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Working Paper Series
In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …
Creative Commons As Conversational Copyright, Michael W. Carroll
Creative Commons As Conversational Copyright, Michael W. Carroll
Working Paper Series
Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …
Pirates And The Orient: China, Film Piracy, And Hollywood, Oliver Ting
Pirates And The Orient: China, Film Piracy, And Hollywood, Oliver Ting
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Extreme Makeover: Redefining Athletes' Identities In A Fantasy World, Robert T. Ferguson Jr.
Extreme Makeover: Redefining Athletes' Identities In A Fantasy World, Robert T. Ferguson Jr.
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Fixing Fair Use, Michael W. Carroll
Fixing Fair Use, Michael W. Carroll
Working Paper Series
The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …
The Movement For Open Access Law, Michael W. Carroll
The Movement For Open Access Law, Michael W. Carroll
Working Paper Series
My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …
Taking De Minimis Out Of The Mix: The Sixth Circuit Threatens To Pull The Plug On Digital Sampling In Bridgeport Music, Inc. V. Dimension Films, Steven D. Kim
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Digital Revolution Is Being Downloaded: Why And How The Copyright Act Must Change To Accommodate An Ever-Evolving Music Industry, Marcy Rauer Wagman, Rachel Ellen Kopp
The Digital Revolution Is Being Downloaded: Why And How The Copyright Act Must Change To Accommodate An Ever-Evolving Music Industry, Marcy Rauer Wagman, Rachel Ellen Kopp
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
Working Paper Series
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. Historically, this uniformity may have been justified in light of the relative homogeneity of market conditions applicable to protected subject matter, such as books or mechanical inventions. Technological progress since the founding has led to considerable growth in the range of inventions and expressive works to which patent and copyright law apply, respectively. In the modern context, it is clear that innovators’ needs for intellectual property protection vary substantially across industries and among types of innovation. Applying …
Creative Commons And The New Intermediaries, Michael W. Carroll
Creative Commons And The New Intermediaries, Michael W. Carroll
Working Paper Series
This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …
The Struggle For Music Copyright, Michael W. Carroll
The Struggle For Music Copyright, Michael W. Carroll
Working Paper Series
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …
Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams
Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Balancing Act: How Copyright And Customary Practices Protect Large Dance Companies Over Pioneering Choreographers, Krystina Lopez De Quintana
The Balancing Act: How Copyright And Customary Practices Protect Large Dance Companies Over Pioneering Choreographers, Krystina Lopez De Quintana
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Infringing A Fantasy: Future Obstacles Arise For The United States Patent Office And Software Manufacturers Utilizing Artificial Intelligence, Eric J. Schaal
Infringing A Fantasy: Future Obstacles Arise For The United States Patent Office And Software Manufacturers Utilizing Artificial Intelligence, Eric J. Schaal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer
A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …