Law Commons^™

Ai-Ip? Copyright In An Age Of Internet Propaganda With Artificial Intelligence, Sonya Saepoff

Cybaris®

No abstract provided.

Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak

University of Miami Inter-American Law Review

This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the societal importance of fostering innovation through the …

Rethinking Copyright Harmonization, Clark Asay

Indiana Law Journal

For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …

Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya

Touro Law Review

The death of George Floyd ignited a powerful modern-day Civil Rights movement that spread across the globe. While some protesters took to the streets to demand change, creators amplified the message of hope and unity through protest street art. Murals of police brutality victims like George Floyd, Breonna Taylor, and Ahmaud Arbery, among many others, appeared in most large cities in the United States and were widely spread on social media. From cave art to modern protest street art, graffiti continues to be a generational medium of expression of the human experience. However, while a handful of artists like Banksy, …

In Lieu Of Moral Rights For Ip-Wronged Music Vocalists: Personhood Theory, Moral Rights, And The Wppt Revisited, Tuneen E. Chisolm

St. John's Law Review

(Excerpt)

The Introduction of this Article has identified some of the noneconomic harms of concern. Part I summarizes and compares copyright ownership, control, and existing protections for authors of music compositions and sound recordings under the Copyright Act. It also summarizes pertinent music industry practices that impact third party use of recorded vocalist performances. Part II provides a foundation for understanding the nature of legal protections for creative works and the philosophical underpinnings of copyright law and moral rights, comparing utilitarianism and natural rights theory to personhood theory. It also provides a brief explanation of moral rights. Part III looks …

A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger

Journal of Intellectual Property Law

No abstract provided.

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.

A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry

Journal of Intellectual Property Law

No abstract provided.

Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman

Journal of Intellectual Property Law

No abstract provided.

Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon

Journal of Intellectual Property Law

No abstract provided.

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon

Journal of Intellectual Property Law

No abstract provided.

Trips And Its Achilles' Heel, Peter K. Yu

Journal of Intellectual Property Law

No abstract provided.

Reconciling The "Moral Rights" Of Authors With The First Amendment Right Of Free Speech, John T. Cross

Akron Intellectual Property Journal

The article concludes that the First Amendment does not significantly limit the enforcement of those moral rights recognized by state and federal law. Several features of moral rights laws support this conclusion. First, many acts that infringe moral rights do not qualify as speech, and therefore receive no First Amendment protection. For example, the droit de suite, or resale right, is clearly constitutional under this rationale, as it involves no speech whatsoever. Second, even when the offending act is speech, most moral rights laws can be justified, depending on the circumstances, by one or more of several arguments. Indeed, many …

The Evolution Of Copyright Law And Inductive Speculations As To Its Future, Orit Fischman-Afori

Journal of Intellectual Property Law

No abstract provided.

A New Hope For Copyright: The U.K. Supreme Court Ruling In Lucasfilm Ltd. V. Ainsworth And Why Congress Should Follow Suit, Kristen Elisabeth Bollinger

Journal of Intellectual Property Law

No abstract provided.

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications & Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …

Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar

Brooklyn Journal of International Law

The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …

Pirates Or Privateers: Examining The Risks Of Conflicting International Regimes Through The Lens Of U.S.-Gambling, Eric A. Heath

Georgia Journal of International & Comparative Law

No abstract provided.

Film Artists Bushwhacked By The Coloroids: One-Hundredth Congress To The Rescue?, Nicholas Swyrydenko

Akron Law Review

The late, great film director, John Huston, in a videotaped speech prepared specially before his death for presentation at a Senate hearing on the issue of the colorization of black and white films, raged that he and other film artists, who had worked to produce such classic films as The Maltese Falcon, were being "bushwhacked by the coloroids," and he pleaded with Congress to step in to preserve that work.' This comment will trace the response of the One-Hundredth Congress to the pleas of John Huston and other film artists to preserve the original integrity of their films, and …

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein

Georgia Journal of International & Comparative Law

No abstract provided.

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek

Catholic University Law Review

No abstract provided.

The Derivative Right,Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel Gervais Ph.D.

Vanderbilt Journal of Entertainment & Technology Law

The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various "derivatives." The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase "based upon" with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …

Intellectual Property Colloquium Series: Canada And The Three-Step Test: A Step In Which Direction?, Ysolde Gendreau

Marquette Intellectual Property Law Review

In her lecture, Prof. Gendreau discusses the relationship between Canada and the United States when it comes to Copyright law. More specifically, Prof. Gendreau discusses the concept of fair dealing in education in Canada, and then discusses the Canadian provision in the context of international treaties, in particular the TRIPS Agreement and the Berne Convention.

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …

The Copyright Revision Act Of 2026, Jessica Litman

Marquette Intellectual Property Law Review

American copyright law is broken. In fact, its failings are leading lawyers and scholars to find resourceful strategies to work around the deficiencies in the current state of the law. These strategies, the lecturer argues, indicate that a fundamental overhaul of copyright law is imminent. After lamenting the disconnect between academia and the practicing bar and examining the present laws' shortcomings felt by authors, distributors, and consumers alike, the lecturer provides three goals a new copyright regime should meet. First, copyright law should be more easily accessible and, likewise, understandable for non-lawyers. Second, the new copyright laws should reduce the …

Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur

Richmond Journal of Global Law & Business

No abstract provided.

Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz

Seattle University Law Review

This Comment surveys the contemporary status of copyright law regarding a creator-assignee's standing to sue for infringement and the bases for allowing a creator-assignee to bring an infringement action. Part II begins the discussion with a review of the general principles of copyright law, including its constitutional and statutory frameworks, its underlying policies, and the moral rights doctrine. Part III continues with an overview of the general constitutional standing principles and real party in interest prerequisites. It then outlines the statutory and judicial limits on standing to sue under copyright law. Part IV discusses the issue of assignee standing in …