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Full-Text Articles in Law
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield
Indiana Law Journal
Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.
NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …
From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro
From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro
Federal Communications Law Journal
Internet technological innovations, particularly the development of Peer-to-Peer ("P2P") networks and the proliferation of user-generated content sites, have introduced considerable challenges for the application of copyright law and infringement liability. The response from the courts and Congress has been mixed, with severe legal curtails being applied to P2P technology while usergenerated content sites have been afforded a level of protection against infringement claims as part of the Digital Millennium Copyright Act's section 512 "safe harbor" provisions. However, these provisions have raised concerns about the issue of secondary copyright liability, a matter that has still been left undefined. This Note will …
Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo
Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo
Federal Communications Law Journal
Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted.
While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have …
The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian
The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian
Federal Communications Law Journal
Academics and popular critics alike want to distill, reform, or altogether destroy U.S. copyright law as we know it. Much of this stems from animosity toward the old-guard record industry's alleged practices of overcharging consumers, underpaying royalties to artists, and suing teenagers and grandmas. But what those calling for reform all seem to neglect is a tiny but inevitable fact: for the first time in history, composers and recording artists can keep their copyrights.
Tangible media sales are being replaced by P2P file sharing, retail downloads, and streaming Webcasts. Digital technologies and wireless networks have opened prime channels for music …
The Riaa, The Dmca, And The Forgotten Few Webcasters: A Call For Change In Digital Copyright Royalties, Kellen Myers
The Riaa, The Dmca, And The Forgotten Few Webcasters: A Call For Change In Digital Copyright Royalties, Kellen Myers
Federal Communications Law Journal
Emerging webcasting technology is playing an increasing role in modem society. The ease of use of webcast technology has brought about an increased user base as well as an increased viability for small webcasting businesses. However, the mix-tape genre of independent Internet radio has been financially and legislatively abused as a forerunner of rapidly advancing digital technology and concerns over protecting copyright royalties. This Note argues for a revision of the DMCA to provide a middle ground between protecting copyrighted works and allowing the continued existence of Internet radio.
On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni
On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni
Indiana Law Journal
This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …
Consumer Modification Of Copyrighted Works, Alan L. Durham
Consumer Modification Of Copyrighted Works, Alan L. Durham
Indiana Law Journal
No abstract provided.
All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller
All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller
Indiana Law Journal
No abstract provided.
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
Federal Communications Law Journal
No abstract provided.
Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan
Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan
Federal Communications Law Journal
With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Federal Communications Law Journal
In the 1990's, the development of "streaming" technology allowed webcasters to begin broadcasting music on the Internet. The public took advantage of a plethora of free media players, and the number of web-based radio stations soared. However, a crippling dispute over broadcast rates left the viability of this technology in doubt. This Note criticizes current policies that curtail radio streaming by providing harsh financial restrictions on webcasters. In looking to the future, this Note argues that Congress should extend licensing exemptions to cover those Internet stations most like their AM/FM counterparts who do not have to pay additional fees.
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
Federal Communications Law Journal
The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Indiana Law Journal
No abstract provided.
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Federal Communications Law Journal
Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.
This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …
Bent Fish: Issues Of Ownership And Infringement In Digitally Processed Images, John Gastineau
Bent Fish: Issues Of Ownership And Infringement In Digitally Processed Images, John Gastineau
Indiana Law Journal
No abstract provided.
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Indiana Law Journal
No abstract provided.
Copyright Law And Library Photocopying: Striking A Balance Between Profit Incentive And The Free Dissemination Of Research Information, Jon Vander Ploeg
Copyright Law And Library Photocopying: Striking A Balance Between Profit Incentive And The Free Dissemination Of Research Information, Jon Vander Ploeg
Indiana Law Journal
No abstract provided.
Design Piracy, Maurice A. Weikart
An Outline Of Copyright Law, By Richard C. De Wolfe, Oliver P. Field
An Outline Of Copyright Law, By Richard C. De Wolfe, Oliver P. Field
Indiana Law Journal
No abstract provided.