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Full-Text Articles in Law
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.
An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling
An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling
Michigan Telecommunications & Technology Law Review
Laurence Peter once said that "[o]riginality is the fine art of remembering what you hear but forgetting where you heard it." Yet that clever quip is itself unoriginal. Although there may be nothing new under the sun--the arrangement of different bits of existing cultural matter in new and interesting combinations is the source of much originality. Yet today much of our cultural raw material is outside the reach of creators because of the orphan works problem. This problem renders untouchable a large swath of existing artistic, literary, and other works because if a work's copyright owner cannot be found to …
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
Michigan Telecommunications & Technology Law Review
Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …
Copyright Infringement And Poetry: When Is A Red Wheelbarrow The Red Wheelbarrow?, Jennifer Understahl
Copyright Infringement And Poetry: When Is A Red Wheelbarrow The Red Wheelbarrow?, Jennifer Understahl
Vanderbilt Law Review
Copyright does not protect facts or ideas, but only an author's original expression. Often, though, it is difficult to distill protected expression from unprotected ideas or facts that reside in the public domain. Copyright protection for poetry is particularly problematic because a poem's ideas are often intertwined with a poem's sounds, shape, and images. It is often not only difficult to extract ideas from a poem's surface, but once ideas are "discovered," it may even be difficult to articulate exactly what these main ideas or themes are. William Carlos Williams' poem, The Red Wheelbarrow, one of the most famous twentieth …
The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton
The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton
Washington and Lee Law Review
The Digital Millennium Copyright Act (DMCA) has been criticized for many reasons, including its impact on the fair use defense to copyright infringement, and its potential to chill the free exchange of scientific, technical, and educational information. Law professors and special interest groups have opposed elements of the DMCA from its inception and continue to lobby for reform. One of the more recent concerns about the DMCA involves the incorporation of copyrightable software code into tangible goods for purposes related to the functionality of those goods. Some manufacturers of such products recently have attempted to use the DMCA to prevent …
Copyright Infringement In The Indian Film Industry, Rachana Desai
Copyright Infringement In The Indian Film Industry, Rachana Desai
Vanderbilt Journal of Entertainment & Technology Law
This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …
The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp
The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp
Vanderbilt Journal of Entertainment & Technology Law
Because copyright law is meant to protect creativity, there must be a means by which the U.S. government can offer some guarantee to the creators of a reality show that their creative output will be guarded against copying which diminishes the show's value. Therefore, this note seeks to answer the question: "what can we do to provide a reasonable level of protection against infringement to the creators of a new concept for a reality show?" Part I of this note provides a brief overview of the law regarding copyright infringement with particular emphasis on the unique protection afforded a compilation …
Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams
Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams
Jeffrey S. Moorad Sports Law Journal
No abstract provided.