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Full-Text Articles in Law
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
University of Miami Law Review
Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
University of Miami Law Review
No abstract provided.
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
University of Miami Law Review
No abstract provided.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
University of Miami Law Review
No abstract provided.
In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer
In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer
University of Miami Law Review
One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act's focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of "moral rights" in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers' artistic interests.
Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro
Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro
University of Miami Law Review
The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first …