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Full-Text Articles in Law

The Illusion Of Copyright Infringement Protection, Jenny Small Jul 2013

The Illusion Of Copyright Infringement Protection, Jenny Small

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak Jun 2013

Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak

Washington and Lee Law Review

No abstract provided.


Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook Apr 2013

Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook

Chicago-Kent Journal of Intellectual Property

The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …


Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby Jan 2013

Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Graduated Response American Style: “Six Strikes” Measured Against Five Norms, Annemarie Bridy Jan 2013

Graduated Response American Style: “Six Strikes” Measured Against Five Norms, Annemarie Bridy

Fordham Intellectual Property, Media and Entertainment Law Journal

In 2008, in recognition of the DMCA’s inadequacy in the face of P2P file sharing, and with the high-profile case of Arista Records v. Lime Group pending in federal district court in New York, then New York State Attorney General Andrew Cuomo began pressuring broadband providers to agree voluntarily to play a greater role in fighting online infringement. Subsequently, the Obama administration, represented nationally by the Office of the Intellectual Property Enforcement Coordinator (IPEC) and internationally by the Office of the United States Trade Representative (USTR), expressly endorsed the concept of privately negotiated anti-piracy collaborations between corporate rights owners and …


International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala Jan 2013

International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala

Richmond Journal of Global Law & Business

No abstract provided.


Copyright Infringement Of Music: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato Jan 2013

Copyright Infringement Of Music: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato

Vanderbilt Journal of Entertainment & Technology Law

The standard for copyright infringement is the same across different forms of expression. But musical expression poses special challenges for courts deciding infringement disputes because of its unique attributes. Tonality in Western music offers finite compositional choices that will be pleasing or satisfying to the ear. The vast storehouse of existing public domain music means that many of those choices have been exhausted. Although independent creation negates plagiarism, the inevitable similarity among musical pieces within the same genre leaves courts in a quandary as to whether defendant composers infringed earlier copyrighted works or simply found their own way to a …