The Copyright Infringement Test: A New Approach To Literary Misappropriation In Film, Pace University School of Law
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 …
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Northwestern Pritzker School of Law
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager
Northwestern University Law Review
For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …
The "Csi Effect" And Its Potential Impact On Juror Decisions, San Jose State University
The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge
Themis: Research Journal of Justice Studies and Forensic Science
The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Singapore Management University
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Press As Interest Group: Mainstream Media In The United States Supreme Court, University of Baltimore School of Law
The Press As Interest Group: Mainstream Media In The United States Supreme Court, Eric B. Easton
ExpressO
This study explores the influence that news media organizations exert on the United States Supreme Court as parties and amici curiae. The study found, inter alia, that the media succeed more often than not, although by a relatively small margin, with far greater success in content-related than in newsgathering cases. Media organizations have been more successful as parties than as amici, and more successful against state and local government entities than against the federal government.
Fantasy Sports: One Form Of Mainstream Wagering In The United States, 40 J. Marshall L. Rev. 1195 (2007), UIC School of Law
Fantasy Sports: One Form Of Mainstream Wagering In The United States, 40 J. Marshall L. Rev. 1195 (2007), Anthony N. Cabot, Louis V. Csoka
UIC Law Review
No abstract provided.
The Lawyer As Poet Advocate: Bruce Springsteen And The American Lawyer, An Introduction, SelectedWorks
The Lawyer As Poet Advocate: Bruce Springsteen And The American Lawyer, An Introduction, Randy Lee
Randy Lee
No abstract provided.
No Bitin’ Allowed: A Hip-Hop Copying Paradigm For All Of Us, Elisabeth Haub School of Law at Pace University
No Bitin’ Allowed: A Hip-Hop Copying Paradigm For All Of Us, Horace E. Anderson Jr.
Elisabeth Haub School of Law Faculty Publications
It is long past time to reform the Copyright Act. The law of copyright in the United States is at one of its periodic inflection points. In the past, major technological change and major shifts in the way copyrightable works were used have rightly led to major changes in the law. The invention of the printing press prompted the first codification of copyright. The popularity of the player piano contributed to a reevaluation of how musical works should be protected. The dawn of the computer age led to an explicit expansion of copyrightable subject matter to include computer programs. These …
Musical Musings: The Case For Rethinking Music Copyright Protection, Gonzaga University School of Law
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Michigan Telecommunications & Technology Law Review
This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …
Antibiotic Resistance, University of Michigan Law School
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …