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Plus Or Minus America: Spanski, Geoblocking Technology, And Personal Jurisdiction Analysis For Nonresident Defendants, Daniel Canedo
Plus Or Minus America: Spanski, Geoblocking Technology, And Personal Jurisdiction Analysis For Nonresident Defendants, Daniel Canedo
Fordham Intellectual Property, Media and Entertainment Law Journal
The use of a geoblock—technology that restricts access to websites based on user location—is a controversial topic, and one that plays a role in defining the scope under which nonresident defendants may be subjected to the personal jurisdiction of U.S. courts in copyright infringement cases. For example, a recent D.C. Court of Appeals case, Spanski Enterprises, Inc. v. Telewizja Polska, S.A., involved a Polish television network whose geoblock setting, known as “minus America,” failed to restrict website access in violation of a Canadian company’s exclusive rights under the U.S. Copyright Act. Cases like Carsey-Werner Co., LLC v. British Broadcasting Corp. …
Conventional Protections For Commercial Fan Art Under The U.S. Copyright Act, Rachel Morgan
Conventional Protections For Commercial Fan Art Under The U.S. Copyright Act, Rachel Morgan
Fordham Intellectual Property, Media and Entertainment Law Journal
For many years, artists and consumers of pop culture have channeled their artistic skills into creating derivative works of their favorite fictional stories and characters. In the United States, fans of Japanese anime and manga have made a living selling artwork of their favorite characters at anime conventions, large gatherings that bring in fellow fans from all around the country. Despite the prevalence of this practice, there is a glaring legal issue: these fictional characters are the intellectual property of the authors who created them, and fan art is blatant copyright infringement. However, there are still many economic advantages to …