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Full-Text Articles in Law
It’S Garfield’S World, We Just Live In It: An Exploration Of Garfield The Cat As Icon, Money Maker, And Beast, Iris B. Engel
It’S Garfield’S World, We Just Live In It: An Exploration Of Garfield The Cat As Icon, Money Maker, And Beast, Iris B. Engel
Senior Projects Fall 2019
No newspaper comic character enjoys a larger international audience than Garfield. While newspaper comics have been infiltrating the homes of readers in the United States since the 1880s, Garfield has made more of an impact than any other. Brought into existence by Jim Davis in Muncie, Indiana in 1978, Garfield has now gone world-wide. Breaking Guinness world records for most syndicated newspaper comic strip, Garfield has made over 800 million dollars in comic sales alone, making it the largest grossing newspaper comic strip to date. Recognized globally, Garfield is an international icon. Despite these laudations, there has never been an …
Intellectual Property In Experience, Madhavi Sunder
Intellectual Property In Experience, Madhavi Sunder
Michigan Law Review
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners …
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Michigan Telecommunications & Technology Law Review
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it …
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Marquette Intellectual Property Law Review
This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …
Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer
Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer
Vanderbilt Journal of Entertainment & Technology Law
We are in the midst of a fundamental conflict in law and policy between those who favor maintaining and expanding copyright and related rights in the digital context ("rights enhancers"), and those who favor letting rights atrophy ("rights restrictors'). This Article argues that strong intellectual property rights are essential. At minimum, they are important to support creativity in contexts where the creation, collection, or distribution of the content requires substantial investment of time and resources. The case for allowing creators' rights to weaken is both untested and structurally suspect. Copyright law must construct a balance that fully supports creative activity …
Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler
Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler
Michigan Telecommunications & Technology Law Review
The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely on voluntary …
The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant
The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant
Journal Publications
This Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the …
International Protection Of Computer Programs, Dale L. Carlson
International Protection Of Computer Programs, Dale L. Carlson
Syracuse Journal of International Law and Commerce
This Comment is designed to acquaint the international lawyer with various considerations which underlie the obtaining of copyright and patent protection for computer programs. Both patent and copyright protection are considered in view of the statutory provisions of several technologically developed countries-the United States, Canada, the United Kingdom and the Soviet Union. In addition, the statutory provisions of the various countries are related to the particular ideologies of the administrative agencies which implement the patent and copyright laws within each jurisdiction.