Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
Quantum Copyright Law: Schrödinger’S Cat, Banksy’S Shredder, And Art On The Edge, Richard Chused
Quantum Copyright Law: Schrödinger’S Cat, Banksy’S Shredder, And Art On The Edge, Richard Chused
Northwestern Journal of Technology and Intellectual Property
An object has been assembled by artists I know that presents a fascinating set of conundrums about the relationships between quantum physics, shredders, random surprises, the value of art, and copyright law. Seems fantastical, right? And so it is. The object of concern is a metal box a little under four feet tall, about eighteen inches deep, and a bit less than three feet wide. The box is welded together along all twelve of its edges. It has an opening across one side. And there is a small control panel on top.
Before the box was welded shut, a set …
A Musical Cue For Fashion: How Compulsory Licenses And Sampling Can Shape Fashion Design Copyright, Caroline Olivier
A Musical Cue For Fashion: How Compulsory Licenses And Sampling Can Shape Fashion Design Copyright, Caroline Olivier
Northwestern Journal of Technology and Intellectual Property
The fashion industry is the Wild West of intellectual property law. Fashion design protection is essentially non-existent, and designers take what they want when they want in the form of inspiration or complete copying. As technology advances and enables fashion designs to disseminate at high-tech speeds, there is no longer room for an apathetic approach to fashion intellectual property. If the law is a means for protecting the hard work of up-and-coming artists and providing incentives for innovation, changes must be made.
This note demonstrates how the fashion industry can adopt a copyright and licensing scheme similar to that of …
You Belong With Me: Recording Artists’ Fight For Ownership Of Their Masters, Ann Herman
You Belong With Me: Recording Artists’ Fight For Ownership Of Their Masters, Ann Herman
Northwestern Journal of Technology and Intellectual Property
Copyright law, governed by the Copyright Act, is based on utilitarian theory, which balances artists’ interests in ownership of theircreations with the public’s interest in accessing and enjoying such creations. Copyright law provides for rights for creators of sound recordings, which include master rights—the recording artist’s copyright in the recording. Taylor Swift has brought the concept of master rights into the forefront of pop culture. In June 2019, Swift’s masters—the original sound recordings of her songs—were sold, and she publicly aired her dissatisfaction with the sale, as well as with overall premise that artists do not have a complete right …
Copyright Unchained: How Blockchain Technology Can Change The Administration And Distribution Of Copyright Protected Works, Sebastian Pech
Copyright Unchained: How Blockchain Technology Can Change The Administration And Distribution Of Copyright Protected Works, Sebastian Pech
Northwestern Journal of Technology and Intellectual Property
Blockchain technology is mainly discussed in connection with cryptocurrencies such as Bitcoin. However, blockchain is a multipurpose technology with many other potential applications. This article analyzes how blockchain technology can be used in relation to copyright, especially the administration and distribution of copyright protected works. It also examines the questions and challenges that may arise from such use.
Seeing’S Insight: Toward A Visual Substantial Similarity Test For Copyright Infringement Of Pictorial, Graphic, And Sculptural Works, Moon Hee Lee
Northwestern University Law Review
Before imposing liability for copyright infringement, a court analyzes whether the defendant’s allegedly infringing work is substantially similar to the copyright-holder plaintiff’s allegedly infringed work. This substantial similarity analysis broadly contains two steps. First, facts and ideas do not receive copyright protection and are filtered out. Second, the two works are compared to see if there is material overlap between the two works’ remaining creative expression—i.e., whether or not the two works are substantially similar. This two-step approach furthers the delicate dual goal of copyright law to keep ideas and facts freely available as raw material for creation while awarding …
Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis
Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis
Northwestern University Law Review
The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. In today’s digital environment, people are increasingly purchasing digital music files and e-books instead of CDs and physical books. Customers often mistakenly believe they become owners of the digital content they purchase when in actuality they merely become licensees most of the time. Licensing agreements impose use restrictions on digital …
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
Northwestern University Law Review
No abstract provided.
British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law, Abigail Bunce
British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law, Abigail Bunce
Northwestern University Law Review
No abstract provided.
Unavoidable Aesthetic Judgments In Copyright Law: A Community Of Practice Standard, Robert Kirk Walker, Ben Depoorter
Unavoidable Aesthetic Judgments In Copyright Law: A Community Of Practice Standard, Robert Kirk Walker, Ben Depoorter
Northwestern University Law Review
Aesthetic judgments are “dangerous undertakings” for courts, but they are unavoidable in copyright law. In theory, copyright does not distinguish between works on the basis of aesthetic values or merit (or lack thereof), and courts often go to great lengths to try to avoid artistic judgments. In practice, however, implicit aesthetic criteria are deeply embedded throughout copyright case law. The questions “What is art?” and “How should it be interpreted?” are inextricably linked to the questions “What does copyright protect?,” “Who is an author?,” “What is misappropriation?,” and many other issues essential to copyright. Although courts rarely (if ever) explicitly …
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian
Northwestern University Law Review
Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work—work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement suits and …
Sequential Musical Creation And Sample Licensing, Peter Dicola
Sequential Musical Creation And Sample Licensing, Peter Dicola
Faculty Working Papers
All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Northwestern Journal of Technology and Intellectual Property
No abstract provided.