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Articles 1 - 19 of 19
Full-Text Articles in Intellectual Property Law
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Briefs
No abstract provided.
Reasonable Appropriation And Reader Response, Laura A. Heymann
Reasonable Appropriation And Reader Response, Laura A. Heymann
Faculty Publications
Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”
In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and stating that the key to …
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine, Pamela Kalinowski
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine, Pamela Kalinowski
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Popular Media
No abstract provided.
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
William & Mary Law Review
At the moment that "incentives"for creation meet "preferences"for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance-even overabundance-in creativity can help define the proper scope of copyright law, especially …
Administering Fair Use, Jason Mazzone
Administering Fair Use, Jason Mazzone
William & Mary Law Review
Fair use is not working. As written by Congress and applied by the courts, the fair use law fails to give individuals sufficiently clear guidance to determine in advance whether their uses of copyrighted works are fair and therefore noninfringing. When the law does not regulate adequately, markets can supply the rules. Thus, copyright owners and prospective users of copyrighted works can-and donegotiate over and enter into contracts specifying permissible uses. However, leaving fair use to the market is far from desirable. Fair use is not meant to be something that is sold and bought like other market goods. Fair …
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
William & Mary Law Review
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Faculty Publications
No abstract provided.
Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema
Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema
William & Mary Law Review
No abstract provided.
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
William & Mary Law Review
No abstract provided.
Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.
Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.
Library Staff Publications
No abstract provided.
The Trademark/Copyright Divide, Laura A. Heymann
The Trademark/Copyright Divide, Laura A. Heymann
Faculty Publications
No abstract provided.
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
William & Mary Law Review
More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby- case" …
Digital Information, Licensing, And The Threat To Fair Use, James S. Heller
Digital Information, Licensing, And The Threat To Fair Use, James S. Heller
Library Staff Publications
No abstract provided.
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Library Staff Publications
No abstract provided.
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
William & Mary Law Review
No abstract provided.
Copyright Law - Legality Of Photocopying Copyrighted Publications. Williams & Wilkins Co. V. United States, __ F.2d __ (Ct. Cl. 1972)
William & Mary Law Review
No abstract provided.