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Silent Similarity, Jessica Litman 2015 SelectedWorks

Silent Similarity, Jessica Litman

Jessica Litman

From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form -- silent movies -- had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases – in particular, Nichols v. Universal Pictures – are canonical today. They are not, however, well-understood. In particular, the ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel 2014 University of Georgia School of Law

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn 2014 University of Georgia School of Law

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder 2014 University of Georgia School of Law

"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.


The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu 2014 SelectedWorks

The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu

Katrina Wu

The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets ...


Copyright And The Tragedy Of The Common, Tracy Reilly 2014 SelectedWorks

Copyright And The Tragedy Of The Common, Tracy Reilly

Tracy L Reilly

In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to ...


Linking To Liability: When Linking To Leaked Films, Scripts, And Television Shows Is Copyright Infringement,, Kimberlianne Podlas 2014 SelectedWorks

Linking To Liability: When Linking To Leaked Films, Scripts, And Television Shows Is Copyright Infringement,, Kimberlianne Podlas

Kimberlianne Podlas

This article examines the problem of movies, scripts, and other entertainment works being leaked online, and whether news and fan sites that link to such works are liable for copyright infringement. In the past few months alone, The Expendables 3, next week’s Doctor Who Series 8 premier, and Quentin Tarantino’s The Hateful Eight screenplay have all been leaked online. Internet leaks are uniquely problematic, as it is often not possible to identify the source of leak, traditional contract and tort remedies may not apply, or the greatest harm may be due to third parties’ linking to the work ...


The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden 2014 SelectedWorks

The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden

Rob Frieden

This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward assessing the applicability of this model. The FCC explicitly states that it lacks jurisdiction to prescribe terms, or to mandate binding arbitration. However, it recently interpreted its statutory authority to ensure “good faith” negotiations as allowing it to constrain broadcaster negotiating leverage by prohibiting multiple operators, having the largest market share, from joining in collective negotiations with cable ...


Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden 2014 SelectedWorks

Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden

Rob Frieden

The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format.

This paper assesses whether and how Internet Service Providers (“ISPs”) can offer ...


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. McFarlin, Joshua Lee 2014 SelectedWorks

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics ...


Reforming Copyright Interpretation, Zahr K. Said 2014 SelectedWorks

Reforming Copyright Interpretation, Zahr K. Said

Zahr K Said

This Article argues that copyright law needs to acknowledge and reform its interpretive choice regime. Even though judges face potentially outcome-determinative choices among competing sources of interpretive authority when they adjudicate copyrightable works, their selection of interpretive methods has been almost entirely overlooked by scholars and judges alike. This selection among competing interpretive methods demands that judges choose where to locate their own authority: in the work itself; in the context around the work, including its reception, or in the author’s intentions; in expert opinions; or in judicial intuition. Copyright’s interpretive choice regime controls questions of major importance ...


The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson 2014 The Catholic University of America, Columbus School of Law

The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson

Catholic University Law Review

No abstract provided.


“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves 2014 Florida Coastal School of Law

“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves

Roger M. Groves

Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so.

But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms ...


The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller 2014 NELLCO

The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This article examines the political theory of revelation in the narratives of the Hebrew Bible, particularly the theophany at Sinai. Revelation occurs when God communicates information to human beings. The biblical narratives use the modality of a revelation to signal the importance of the message being conveyed. They also identify techniques for limiting revelation’s destabilizing potential: embedding, which restricts God’s ability to change his mind; authentication, which tests the validity of revelations; and access rules which privilege political elites as recipients of God’s word.


The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava 2014 Touro College Jacob D. Fuchsberg Law Center

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.


Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray 2014 Valparaiso University

Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray

Michael D. Murray

This Article addresses copyright as a viable form of intellectual property protection for living, organic creations of science and art. The United States Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics, Inc.[1] narrowed patent-eligible protection over living components of humans or other organisms. Synthetic biologists are expected to look with renewed focus on copyright law for the intellectual property protection of biological creations. The contribution of this Article is to reveal that the same issues are raised with regard to the copyrightability of the works of synthetic biology as are raised by pictorial, graphic, and ...


The Copyright Infringement Test: A New Approach To Literary Misappropriation In Film, Rikki Bahar 2014 Pace University

The Copyright Infringement Test: A New Approach To Literary Misappropriation In Film, Rikki Bahar

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note argues that courts’ emphasis on the ordinary observer test to prove illicit copying in film is misguided. The ordinary observer test relies on whether the accused work captures the total feel of the copyrighted work, but overlooks an essential aspect of unlawful appropriation and copyright law – the idea that only particular elements of a work are copyrightable. If a jury is exposed to expert testimony regarding probative similarity before making their evaluation, it is unlikely they will forget such evidence when evaluating the illicit copying.

A better test for infringement would be one that allows the ordinary observer ...


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