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Full-Text Articles in Legal History
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Dickinson Law Review (2017-Present)
In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
NYLS Law Review
No abstract provided.
What Are We To Do With Deposit Copies?, Sadie Zurfluh
What Are We To Do With Deposit Copies?, Sadie Zurfluh
Marquette Intellectual Property Law Review
One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …
The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs
Michigan Telecommunications & Technology Law Review
The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …
Copyright's Communications Policy, Timothy Wu
Copyright's Communications Policy, Timothy Wu
Michigan Law Review
There is something for everyone to dislike about early twenty-first century copyright. Owners of content say that newer and better technologies have made it too easy to be a pirate. Easy copying, they say, threatens the basic incentive to create new works; new rights and remedies are needed to restore the balance. Academic critics instead complain that a growing copyright gives content owners dangerous levels of control over expressive works. In one version of this argument, this growth threatens the creativity and progress that copyright is supposed to foster; in another, it represents an "enclosure movement" that threatens basic freedoms …
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
NYLS Law Review
No abstract provided.
Envisioning Copyright Law's Digital Future, Peter S. Menell
Envisioning Copyright Law's Digital Future, Peter S. Menell
NYLS Law Review
No abstract provided.
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
NYLS Law Review
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Michigan Law Review
The notion of property in published literary works was of gradual development. One may search in vain through classical literature and Roman law to find anything in the nature of copyright. Hearty condemnation of plagiarism is to be found. Stealing another man's labor and passing it off as one's own was a literary crime, but neither that nor open piracy seems to have been a matter of which the law took cognizance. Before the invention of printing, making manuscript copies of a book was such a laborious and time-consuming task that an ancient author must have felt sufficiently repaid if …