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Intellectual Property Law Commons

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11,534 full-text articles. Page 314 of 317.

The Sole Right Shall Return To The Authors: Anglo-American Authors Reversion Rights From The Statute Of Ann To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg 2010 Columbia Law School

The Sole Right Shall Return To The Authors: Anglo-American Authors Reversion Rights From The Statute Of Ann To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg

Faculty Scholarship

The rise in the seventeenth and eighteenth centuries of a professional class of writers stimulated authors1 demands for better remuneration from their writings.2 The increase in authors who sought to live from their work, rather than from patronage or personal fortune, likely provided at least one impulse for the author-protective provisions of the 1710 Statute of Anne. Under the regime of printing privileges that preceded the Statute of Anne, authors generally received from publisher-booksellers a one-time payment,3 made when the authors surrendered their manuscripts for publication.4 Authors whose works enjoyed particularly high demand might negotiate additional ...


The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig 2010 Osgoode Hall Law School of York University

The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig

Articles & Book Chapters

This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a reasonably comprehensive but concise review of the academic public domain movement, which has been directed towards substantiating and politicizing the concept of the public domain, second, I hope to re-situate ...


Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig 2010 Osgoode Hall Law School of York University

Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig

Articles & Book Chapters

The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of "prescriptive parallelism" according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity ...


Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw 2010 University of California, Hastings College of the Law

Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw

Hastings Communications and Entertainment Law Journal

No abstract provided.


Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones 2010 John Marshall Law School

Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones

The John Marshall Law Review

No abstract provided.


Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang 2010 University of California, Hastings College of the Law

Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang

Hastings Communications and Entertainment Law Journal

No abstract provided.


Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter 2010 University of California, Hastings College of the Law

Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Agony Of War And A World Without Law, Josh Zetlin 2010 University of California, Hastings College of the Law

The Agony Of War And A World Without Law, Josh Zetlin

Hastings Communications and Entertainment Law Journal

No abstract provided.


Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp 2010 University of California, Hastings College of the Law

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

Hastings Communications and Entertainment Law Journal

No abstract provided.


Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes 2010 University of California, Hastings College of the Law

Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes

Hastings Communications and Entertainment Law Journal

No abstract provided.


The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day 2010 University of California, Hastings College of the Law

The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day

Hastings Communications and Entertainment Law Journal

No abstract provided.


Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices 2010 University of California, Hastings College of the Law

Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices

Hastings Communications and Entertainment Law Journal

No abstract provided.


Regulating Relationships Between Competing Broadcasters, Christopher S. Reed 2010 University of California, Hastings College of the Law

Regulating Relationships Between Competing Broadcasters, Christopher S. Reed

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project 2010 University of Michigan Law School

The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project

Articles

Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range of uses of creative works of authorship, and, in so doing, it helps educate our populace, enrich our culture, and promote free speech, free expression, and democratic values. It provides opportunities for rights holders to recoup investments in creating and disseminating their works and to enjoy the fruits of whatever success arises from the public's uses of their works. In the process, copyright also plays a role in regulating new technologies and services through which creative works may be accessed. A ...


The European Court Of Justice Rules On Keyword Ads And Trademark Rights, David Franklyn 2010 Golden Gate University School of Law

The European Court Of Justice Rules On Keyword Ads And Trademark Rights, David Franklyn

Publications

On March 22, 2010, the European Court of Justice ("ECJ") issued a decision finding Google not liable for trademark infringement in the context of its Ad Words program. The European Court of Justice issued its long-anticipated decision in the three Google AdWords cases referred to it by the French Cour de Cassation. The ruling only answers the questions posed to it by the Cour de Cassation. Nevertheless, the ECJ's decision should be favorable to Google and other keyword advertising vendors throughout Europe.


Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg 2010 Golden Gate University - San Francisco

Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg

Publications

A scholar of intellectual property law quickly learns that complacency, and the privilege of working in a largely static and unchanging body of law, is not a benefit available to those who labor in this endlessly fascinating but fast-paced and always changing field. The 1953 decision of the California Supreme Court in Kurlan v. CBS (hereinafter “Kurlan”), provides yet another example of this principle. Many of the assumptions found in the majority decision have long been abandoned or substantially revised. Justice Carter’s dissent, however, contains the seeds of those revisions, and is prescient in its understanding of the need ...


The Sly Rabbit And The Three C'S: Copyright, Calligraphy And China, Marc Greenberg 2010 Golden Gate University School of Law

The Sly Rabbit And The Three C'S: Copyright, Calligraphy And China, Marc Greenberg

Publications

This article posits that among many different methods available to improve enforcement of Western-style intellectual property (IP) laws in China, ultimately, the most effective of these may be to support and aid the slow but steady shift in Chinese culture away from a collective society view towards an individual ownership view with broader support for the concept of individual rights and freedoms on a variety of fronts, not just the IP arena. Within this context, I note in passing that the movement in China to embrace many of the attributes of Western culture is a mixed blessing, as media coverage ...


Real Copyright Reform, Jessica D. Litman 2010 University of Michigan Law School

Real Copyright Reform, Jessica D. Litman

Articles

A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current ...


What Carrier Doesn't Address, Philip J. Weiser 2010 University of Colorado Law School

What Carrier Doesn't Address, Philip J. Weiser

Articles

No abstract provided.


The Graduated Response, Peter K. Yu 2010 Texas A&M University School of Law

The Graduated Response, Peter K. Yu

Faculty Scholarship

In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, online service providers, and other third parties. One of the latest proposals that the industry has been exploring is the so-called “graduated response” or “three strikes” system, which threatens to suspend the service of internet users after they have received two warnings from their ISPs about potentially illegal online file-sharing activities.

In December 2008, the RIAA made a formal public announcement of its change of focus toward greater cooperation with ISPs. This new collaborative effort seeks to replace the highly unpopular lawsuits the industry has ...


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