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Articles 1 - 13 of 13
Full-Text Articles in Law
Draft Of Beck Lecture - 2010, Wendy J. Gordon
Draft Of Beck Lecture - 2010, Wendy J. Gordon
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I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …
Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon
Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon
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Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …
Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon
Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon
Scholarship Chronologically
Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …
Classroom Lecture For Copyright Law, Wendy J. Gordon
Classroom Lecture For Copyright Law, Wendy J. Gordon
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The differences between direct, vicarious and contributory liability, Section 512 in related matters. Alright, now let's move on to the next question, which is criminal liability. You read some material on that. And the basic lessons that I want you to take from the material are the following. First, notice that federal copyright law does not impose criminal liability easily as ordinary laws of tangible property do. And I think that that's a good thing. Remember that guy in Les Miserables who's pursued for stealing a loaf of bread. Stealing in the sense of copying one song would not make …
Letter To Ken Yalowitz, Esq., Wendy J. Gordon
Letter To Ken Yalowitz, Esq., Wendy J. Gordon
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I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
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DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …
Aals Speech, Wendy J. Gordon
Aals Speech, Wendy J. Gordon
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Marshall has also said I can speak as long as I want, so scream when you've had enough.
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
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The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
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MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
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Enclosed are the corrected pages of the transcript. The article itself will follow shortly.
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
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In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
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In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
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First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.