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Computer Law

2007

Copyright Law

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Full-Text Articles in Law

Copyright And Breathing Space, Joseph Liu Dec 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law's fair use and idea/expression doctrines are "built-in free speech safeguards" that establish a "definitional balance" between copyright and the First Amendment. Yet these "built-in free speech safeguards" are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court's statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …

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Enabling Copyright Consumers, Joseph P. Liu Dec 2006

Enabling Copyright Consumers, Joseph P. Liu

Joseph P. Liu

When is it acceptable for a company to help consumers engage in fair use of copyrighted works? One might think that the answer would be: “always.” After all, a fair use is a privileged use, which copyright grants to consumers of copyrighted works. Shouldn’t a company be entitled to help consumers do this in the most efficient way possible? Shouldn’t such a company, in fact, be lauded for making this process more efficient?
In fact, courts quite frequently hold companies liable for helping consumers engage in activities that would be fair or non-infringing uses if undertaken by consumers themselves. In …

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