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Articles 1 - 6 of 6
Full-Text Articles in Intellectual Property Law
Digital Rights Management, Fair Use, And Privacy: Problems For Copyright Enforcement Through Technology, Eric A. Robinson
Digital Rights Management, Fair Use, And Privacy: Problems For Copyright Enforcement Through Technology, Eric A. Robinson
Other Topics
This article discusses the nature of Digital Rights Management (DRM) systems with regard to the problems they pose to traditional exceptions to copyright restrictions. Problems of fair use and the copying of material for preservation are examined in the context of the architecture of digital rights management systems, and the limitations of current DRM systems in accommodating these policies are examined. The monitoring of usage by the licensing modules of these systems is also criticized for its lack of protection of user privacy and the potential chilling of intellectual freedom. Various potential solutions to these are briefly surveyed with a …
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalating
copyright clearance requirements.
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
Laura Quilter
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 …
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Marquette Intellectual Property Law Review
Nominative fair use is a contentious issue in the field of trademark law. Manufacturers of original products who oppose the use of their actual products in advertisements for complementary goods often resort to the Lanham Act to prevent such practices. Courts have found the use of another's product in the advertising of complementary goods falls outside the nominative fair use defense. This article examines the nominative fair use defense and whether nominative fair use should encompass such uses.