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Full-Text Articles in Law

Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte Jan 2023

Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte

American University International Law Review

Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international …


Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel Jan 2023

Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel

American University International Law Review

The ease of travel in the globalized, modern world is a doubleedged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed …


Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo Jan 2017

Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo

American University Business Law Review

No abstract provided.


Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock Jan 2017

Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos Oct 2012

Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos

Intellectual Property Brief

No abstract provided.


Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos Sep 2012

Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos

Intellectual Property Brief

No abstract provided.


Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson Apr 2012

Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson

Intellectual Property Brief

No abstract provided.


Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey Apr 2012

Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey

Intellectual Property Brief

No abstract provided.


Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos Apr 2012

Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos

Intellectual Property Brief

No abstract provided.


Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton Apr 2012

Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton

Intellectual Property Brief

No abstract provided.


The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green Apr 2012

The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green

Intellectual Property Brief

No abstract provided.


Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle Apr 2012

Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle

Intellectual Property Brief

No abstract provided.


Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States, Alexandra Mackey Jan 2012

Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States, Alexandra Mackey

American University Business Law Review

No abstract provided.


Trips Enforcement And Developing Countries, Peter K. Yu Jan 2011

Trips Enforcement And Developing Countries, Peter K. Yu

American University International Law Review

No abstract provided.


Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge Jan 2010

Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge

Intellectual Property Brief

No abstract provided.


South Africa's Movie Piracy Challenges, Matilda Bilstein Jan 2010

South Africa's Movie Piracy Challenges, Matilda Bilstein

Intellectual Property Brief

No abstract provided.


Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg Jan 2010

Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg

Intellectual Property Brief

No abstract provided.


Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson Jan 2010

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.


King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg Jan 2010

King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg

Intellectual Property Brief

No abstract provided.


Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman Jan 2010

Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman

Intellectual Property Brief

No abstract provided.


Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba Jan 2010

Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba

Intellectual Property Brief

No abstract provided.


South Africa's Movie Piracy Challenges, Matilda Bilstein Jan 2010

South Africa's Movie Piracy Challenges, Matilda Bilstein

Intellectual Property Brief

No abstract provided.


Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson Jan 2010

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.


Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard Dec 2009

Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard

American University Law Review

No abstract provided.


Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff Feb 2008

Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff

American University Law Review

No abstract provided.


“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll Jan 2006

“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll

American University Law Review

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …


Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis Oct 2005

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis

American University Law Review

No abstract provided.


Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner Jan 2005

Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner

Human Rights Brief

No abstract provided.


Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana Oct 1996

Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana

American University Law Review

No abstract provided.