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Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon
Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon
Faculty Scholarship
I will first provide a brief comment about what I think brings us all together. Second, I will talk about a particular project - something that has preoccupied me ever since I entered the field - namely, the distinction between what I will call, for sake of abbreviation, harmful use and harmless use.
Outline Of Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Outline Of Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Scholarship Chronologically
We want to believe we have intrinsic importance. We want to believe our loved ones do too. That's one of the things that makes age and death so scary: at some point no one will know that green dress was the one grandma wore to your parents' wedding, all that matters to you will no longer matter to anyone. But we want to feel that living DID matter.
Notes On Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Notes On Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Scholarship Chronologically
Recall Tina Turner's famous song, where the singer pounds the audience repeatedly with the insistent apparent question: "what's love got to do with it!?" We know she's not really asking, "What's love got to do with it"; she's making a statement. What she wants to do is deny love's force, and free herself from its disappointment. The singer's seeming repudiation of love is an attempted eradication of something that is definitely still part of her.
Handwritten Notes On Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Handwritten Notes On Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Scholarship Chronologically
At fifteen I found myself looking at a tree against the sky and being filled up with something bigger than I could contain. It was a sensation that demanded to be poured into something. The best label I could find for the emotion was "gratitude": Gratitude for the world I had not made, but had been given.
Lecture Draft Of Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Lecture Draft Of Art And The Intrinsic Worth Of A Human Life - 2009, Wendy J. Gordon
Scholarship Chronologically
I've taken advantage of Tom's invitation to write a paper on religion and copyright that was "informal in format, in keeping with the informal nature of this gathering". What I have had to say on the Jewish law of gleaning is already on record; 1 what you'll read here are more like meditations. Thinking about the connections between art, spirituality and law has touched some very personal issues for me. Further, I know that everything I have to say is partial. I hope what I am about to give you will nevertheless raise some questions of interest.
Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon
Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon
Faculty Scholarship
Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of trespass to land in that volitional entry (for land) or volitional copying (for copyright) gives rise to liability regardless of proof of harm and without any need for the plaintiff to prove the defendant acted unreasonably. Many scholars have criticized copyright law for following the strict liability model of real property trespass, and have suggested alternatives that would more resemble conditional causes of action such as unfair competition, nuisance, or negligence. In Foreseeability and Copyright Incentives, Professor Shyamkrishna Balganesh argues that copyright plaintiffs …