Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Approaches (1)
- Choice of law (1)
- Conflict of laws (1)
- Copyright (1)
- Derivative Work (1)
-
- Discretion (1)
- European approach (1)
- Fair Use (1)
- False dichotomies (1)
- First Restatement (1)
- Jurisprudence (1)
- Mashup (1)
- Policy analysis (1)
- Predictability (1)
- Rules & standards (1)
- Second Restatement (1)
- Territoriality (1)
- Third Restatement (1)
- Traditional versus modern theories (1)
- Transformative (1)
- Uniformity (1)
- Values (1)
- Virtues (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
Mashups And Fair Use: The Bold Misadventures Of The Seussian Starship Enterprise, Peter Menell, Shyamkrishna Balganesh, David Nimmer
Mashups And Fair Use: The Bold Misadventures Of The Seussian Starship Enterprise, Peter Menell, Shyamkrishna Balganesh, David Nimmer
All Faculty Scholarship
This amicus brief filed in the Ninth Circuit appeal of Dr. Seuss Enterprises v. ComicMix seeks to rectify and restore the balances underlying the Copyright Act of 1976 — particularly the interplay of the Section 106(2) right to prepare derivative works and the fair use doctrine. The District Court granted the defendants’ motion for summary judgment on the ground that OH THE PLACES YOU’LL BOLDLY GO! — the defendants’ illustrated book combining Dr. Seuss’s OH THE PLACES YOU’LL GO! and other Dr. Seuss books with Star Trek characters and themes — made fair use of the Dr. Seuss works.
Based …
Certainty Versus Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii
Certainty Versus Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii
All Faculty Scholarship
Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article …