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Full-Text Articles in Law
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 …
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Fordham Intellectual Property, Media and Entertainment Law Journal
As the standard of copyright infringement, “substantial similarity” is an ambiguous concept that produces unpredictable decisions often inimical to the purposes of copyright law. This Article explains the deficiencies of infringement tests based upon that standard. It also provides an innovative interpretation of copyright protection and presents a new test of infringement designed to directly determine whether that protection has been violated.
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Fordham Intellectual Property, Media and Entertainment Law Journal
Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …
Graduated Response American Style: “Six Strikes” Measured Against Five Norms, Annemarie Bridy
Graduated Response American Style: “Six Strikes” Measured Against Five Norms, Annemarie Bridy
Fordham Intellectual Property, Media and Entertainment Law Journal
In 2008, in recognition of the DMCA’s inadequacy in the face of P2P file sharing, and with the high-profile case of Arista Records v. Lime Group pending in federal district court in New York, then New York State Attorney General Andrew Cuomo began pressuring broadband providers to agree voluntarily to play a greater role in fighting online infringement. Subsequently, the Obama administration, represented nationally by the Office of the Intellectual Property Enforcement Coordinator (IPEC) and internationally by the Office of the United States Trade Representative (USTR), expressly endorsed the concept of privately negotiated anti-piracy collaborations between corporate rights owners and …
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino
Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon
Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.