Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
David R Hansen
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Joseph P. Liu
Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
David R Hansen
New Business Models For Music, Henry H. Perritt Jr.
New Business Models For Music, Henry H. Perritt Jr.
All Faculty Scholarship
The popular music industry is in the middle of a technology-driven revolution. It is clear that the old order has been swept away, but it is not yet clear what form the “new order” will take. The major labels are on life support and will not survive in anything like their previous form. Compact Discs are dead as a distribution medium. Copyright is unenforceable and hence essentially irrelevant except at the margins of the “new order.” Barriers to entry have been reduced dramatically as the costs of producing top-quality recordings have declined by a couple of orders of magnitude. Portable …
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Reuven Ashtar
This Article deals with the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, and its relationship to licensing. It argues that not all digital locks and contractual notices qualify for legal protection under Section 1201, and attributes the courts’ indiscriminate protection of all Digital Rights Management (DRM) measures to the law’s incoherent formulation. The Article proposes a pair of filters that would enable courts to distinguish between those DRM measures that qualify for protection under Section 1201, and those that do not. The filters are shown to align with legislative intent and copyright precedent, as well as the approaches recently …
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Cameron J Hutchison
The discipline of psychology has much to offer the law of copyright. For example, determining whether or not a work is original in a legal sense implicates, and may be enriched by, the psychology of creativity. This paper is a foray into the linkage between psychological understandings of creativity and the legal standard of originality. While the methodologies and approaches to the psychological sub-discipline of creativity are many, certain frameworks are chosen which seem most relevant and probative to the task: psychoanalysis (specifically, Jungian psychoanalysis), experimental psychology (specifically, the cognitive science of creativity or “cognitive creativity”), and social psychology (specifically, …
Introduction To Crtical Concepts In Intellectual Property Law: Copyright, Christopher S. Yoo
Introduction To Crtical Concepts In Intellectual Property Law: Copyright, Christopher S. Yoo
All Faculty Scholarship
The two-volume set entitled Critical Concepts in Intellectual Property Law: Copyright brings together a thought-provoking collection of landmark and recent scholarship on copyright. Section 1 of Volume I focuses on the history of copyright, with Tyler Ochoa and Mark Rose providing an example of the prevailing interpretation of the history and articles by Thomas Nachbar and by William Treanor and Paul Schwartz offering fresh takes on the early English and American experiences. Section 2 focuses on copyright’s philosophical foundations, framed by the work of Justin Hughes and followed by revisionist perspectives on Lockean and Hegelian theory offered by Seana Shiffrin …