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Full-Text Articles in Law
Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle
Fencing Off Ideas: Enclosure & The Disappearance Of The Public Domain, James Boyle
Faculty Scholarship
No abstract provided.
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
Faculty Scholarship
In this article, I will explore the concept of control and the meaning of exclusive rights in the constitutional text, the pre-1976 Copyright Act regime, and the 1976 Act. I then consider the new technology cases from piano rolls through videotaperecorders, as well as Congress' responses to new technological means of exploitation. I make two submissions. First, I conclude that when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement, even though the legal and economic analysis that support those determinations often …