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Full-Text Articles in Law
Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards
Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards
Marquette Intellectual Property Law Review
First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Marquette Intellectual Property Law Review
Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …
With Great Power Comes Great Responsibility: Korea's Role In The War Against Online Piracy, Edward Choi
With Great Power Comes Great Responsibility: Korea's Role In The War Against Online Piracy, Edward Choi
San Diego International Law Journal
South Korea is one of the most Internet-savvy countries in the world, with more than 34 million Koreans over the age of six—74.8% of the total population—regularly accessing the Internet. According to the Organization for Economic Co-operation and Development (OECD), as of June 2007, South Korea has the fourth largest number of broadband subscribers at over 14.4 million, behind only Japan, Germany, and the United States, all of which have much higher populations. Studies show the time Koreans spend online is primarily for entertainment purposes, as almost 80% of Korean Internet users report online consumption of audio and video, almost …
Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda
Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda
ILSA Journal of International & Comparative Law
What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.