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Intellectual Property Law

Fordham Law School

Copyright protection

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Let’S Play: A Walkthrough Of Quarter-Century-Old Copyright Precedent As Applied To Modern Video Games, Kyle Coogan Jan 2018

Let’S Play: A Walkthrough Of Quarter-Century-Old Copyright Precedent As Applied To Modern Video Games, Kyle Coogan

Fordham Intellectual Property, Media and Entertainment Law Journal

Looking to the copyright protection over the audiovisual displays of video games, current precedent—created by extensive litigation in the 1980s over early arcade games—may be a round hole into which the square peg of today’s highly complex video games would have difficulty fitting. This is an issue that has increasing importance as the market for the passive consumption of video game audiovisual displays through tournament streams, walk-throughs, etc., continues to balloon. If courts were to apply precedent from litigation in the 1980s to video games as they exist today, the idea that copyright protection automatically attaches to any and all …


Finding The Barre: Fitting The Untried Territory Of Choreography Claims Into Existing Copyright Law, Kara Krakower Jan 2018

Finding The Barre: Fitting The Untried Territory Of Choreography Claims Into Existing Copyright Law, Kara Krakower

Fordham Intellectual Property, Media and Entertainment Law Journal

The American dance scene has been growing, both in popularity and profitability, since its inception in the early 1900s. After fighting for decades for Congress to include it in Copyright laws, the dance community saw “choreographic works” added as a protected medium in the Copyright Act of 1976. The Copyright Act does not define choreography, something this Note seeks to do. Since its enactment, very few choreographers have brought claims under the statute. This Note seeks to evaluate the standards that would apply in a potential choreography copyright infringement suit by following two hypotheticals through the determination and application of …


Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado Jan 2018

Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado

Fordham Intellectual Property, Media and Entertainment Law Journal

Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney’s situation is …


Global Intellectual Property In The Twenty-First Century, Bruce A. Lehman Oct 1996

Global Intellectual Property In The Twenty-First Century, Bruce A. Lehman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen Jan 1996

International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen

Faculty Scholarship

Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …