Law Commons^™

Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney

Leslie A. Street

No abstract provided.

The Trademark/Copyright Divide, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Reasonable Appropriation And Reader Response, Laura A. Heymann

Laura A. Heymann

Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and stating that the key to …

Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys Craig

Carys Craig

Around the world, the focus of copyright policy reform debates is shifting from the protection of copyright owners’ rights towards defining their appropriate limits. There is, however, a great deal of confusion about the legal ontology of copyright “limits,” “exceptions,” “exemptions,” “defenses,” and “user rights.” While the choice of terminology may seem to be a matter of mere semantics, how we describe and conceptualize lawful uses within our copyright system has a direct bearing on how we delimit and define the scope of the owner’s control. Taking seriously the role of rhetoric in shaping law and policy, this Paper critically …

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Sonia Katyal

No abstract provided.

The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf

Benjamin Boroughf

YouTube prides itself on its automatic copyright detection and filtering program known as Content ID because it goes beyond YouTube’s legal responsibilities under the Digital Millennium Copyright Act and because it allows copyright holders to control and profit from their content. However, Content ID is not the technological paragon YouTube and some scholars see it as. By relying on a system that automatically matches, blocks, and monetizes videos that allegedly contain any amount of infringing content, both YouTube and copyright holders have promoted a system that opposes the Copyright Act and YouTube’s goals of promoting creativity and protecting fair use. …

Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz

Yafit Lev-Aretz

Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of a lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright of the rightholder or refrain from the use. As further creation is regularly impeded, the dearth of licensing greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress. Legal scholarship has submitted various recommendations in response to the licensing failure, homing …

Opting Out: Procedural Fair Use, Michael Mattioli

Michael Mattioli

This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright's doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn't want their books scanned. Despite this measure, two major authors' groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract …

Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn

Sean Flynn

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalatingcopyright clearance requirements.

Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik

Warren Bartholomew CHIK

This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …

Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan

Jennifer M. Urban

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Peter Jaszi

Digital Millennium Copyright Act: A True And Illustrative Dmca Case Study, Raleigh Muns

Raleigh Muns