Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
Articles 1 - 12 of 12
Full-Text Articles in Law
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan
Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan
University of Michigan Journal of Law Reform
Federal trademark law exempts certain communicative uses of a trademark from liability so that the public can freely use a trademark to comment on the markowner or to describe its products. These exemptions for "speech-interests" are badly flawed because their scope is inconsistent between infringement and dilution law, and because the cost and difficulty of claiming their protection varies significantly from court to court. Many speech-interests remain vulnerable to the chilling threat of litigation even though they are "protected" by current law. This Note proposes a simple statutory reform that will remedy this inconsistency by creating an express safe harbor …
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
Golden Gate University Law Review
This note sets forth the facts and procedural history of Dr. Seuss Enterprises v. Penguin, which is the most recent Ninth Circuit copyright decision presenting the affirmative fair use defense. Section III provides a brief background of copyright law and the fair use defense. Section III also presents a historical view of the fact-sensitive, case-by-case analysis of the four statutory fair use defense factors codified in 17 U.S.C. § 107. Section IV examines the Ninth Circuit's decision in Dr. Seuss Enterprises v. Penguin, focusing on Seuss Enterprises' copyright infringement claim. Section V critically analyzes the Ninth Circuit's holding, focusing on …
Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg
Golden Gate University Law Review
No abstract provided.
Intellectual Property - Sega Enterprises Ltd. V. Accolade, Inc.: Setting The Standard On Software Copying In The Computer Software Industry, Julie Aguilar
Golden Gate University Law Review
No abstract provided.
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Golden Gate University Law Review
This Note will analyze the holding in Lewis Galoob Toys, Inc. v. Nintendo of America. First a background of copyright law relevant to computer technology and video games will be developed. Emphasis will be placed on the issues surrounding exceptions to a copyright holder's exclusive rights and the enhancement of computer programs.
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Golden Gate University Law Review
Although the unauthorized use of sound recordings in derivative collage compositions may in some instances infringe on the copyright of a given composition or sound recording, such use may be protected under a fair use analysis typically accorded works of parody. Therefore this Comment will first provide some historical context for understanding aural appropriation as an evolving 20th century art form with parallels and antecedents in the visual arts. Next comes a discussion of how certain collage-based compositions may violate applicable copyright laws under the 1976 Copyright Act. This Comment will then explore whether the appropriation of pre-existing sound recordings …
Copyright Law, Suheil Joseph Totah
Copyright Law, Suheil Joseph Totah
Golden Gate University Law Review
No abstract provided.
What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring
What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring
Annual Survey of International & Comparative Law
This paper will first discuss the historical use of trade regulation to regulate intellectual property law protection outside the U.S., then will discuss the history of the WIPO Internet Treaties, the implementation of them in the DMCA, the provisions of the Induce Act, and the DMCA derived provisions in the 2003 FTA with Singapore.
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
Vanderbilt Journal of Entertainment & Technology Law
This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …
Transformative Use And Cognizable Harm, Thomas F. Cotter
Transformative Use And Cognizable Harm, Thomas F. Cotter
Vanderbilt Journal of Entertainment & Technology Law
In recent years, the question of whether the unauthorized use of a copyrighted work is "transformative" has become a dominant consideration in determining whether the use is fair or unfair. As critics have pointed out, however, this emphasis on transformative use is both underinclusive and indeterminate of the range of uses that fall within the scope of the fair use privilege. Worse yet, efforts to define or apply the concept of transformative use, or to distinguish fair transformative uses from transformative uses that infringe the copyright owner's exclusive right to prepare derivative works, often serve only to illuminate the concept's …