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Full-Text Articles in Law
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson
Fordham Intellectual Property, Media and Entertainment Law Journal
The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …
Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha
Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha
Fordham Intellectual Property, Media and Entertainment Law Journal
Creative communities often rely on social norms to regulate the production of creative content. Yet while an emerging body of literature has focused on isolated accounts of social norms operating in discrete, small-scale creative industries, no research to date has explored the social norms that pervade the world’s largest content microcosm—the sprawling video game community.
Now a veritable global phenomenon, the video game industry has recently grown to eclipse the music and motion picture industries. But despite its meteoric rise, the video game industry has provoked little attention from copyright scholars. This Article is the first to explore the shifting …
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel
From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack
Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Mereology Of Digital Copyright, Dan L. Burk
The Mereology Of Digital Copyright, Dan L. Burk
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.