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Full-Text Articles in Law
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Fordham Intellectual Property, Media and Entertainment Law Journal
As the standard of copyright infringement, “substantial similarity” is an ambiguous concept that produces unpredictable decisions often inimical to the purposes of copyright law. This Article explains the deficiencies of infringement tests based upon that standard. It also provides an innovative interpretation of copyright protection and presents a new test of infringement designed to directly determine whether that protection has been violated.
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Fordham Intellectual Property, Media and Entertainment Law Journal
Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
Fordham Intellectual Property, Media and Entertainment Law Journal
Part I introduces the concept of viral content farming, examines its origins, points out how it differs from aggregation, and consid-ers the purpose behind the practice. The Part looks at how compa-nies such as Google and Facebook have responded, and examines the overall impact on journalism and the Internet. Part II presents a possible ethical solution within the journalism industry and consid-ers resolutions in the law by describing the “hot news” misappro-priation doctrine and copyright law. Part III scrutinizes three pro-posals and discusses why copyright law is the most appropriate solution to the problem, then analyzes content farming within the …
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla
Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“You Never Got Me Down, Delay”: Petrella V. Metro-Goldwyn-Mayer, Inc. And The Availability Of Laches In Copyright Infringement Claims Brought Within The Statute Of Limitations, Daniel Sheerin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tarantino V. Gawker: The News, Hyperlinking, And Contributory Infringement Liability, Victoria Geronimo
Tarantino V. Gawker: The News, Hyperlinking, And Contributory Infringement Liability, Victoria Geronimo
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
While copyright infringement is a legal wrong, plagiarism is a breach of academic and market practices. However, few authors of literary works truly understand the difference between the two. Copyright law seeks to protect economic interests in an underlying work, while plagiarism—and in countries where moral rights are robust, associated legal rights—protect the integrity of the work and the author’s claim to the work. The digital age has refocused attention on the kinds of claims an author or copyright holder might make with respect to unauthorized uses of a literary work. The ease with which a digital work may be …
International Copyright: An Unorthodox Analysis, Hugh C. Hansen
International Copyright: An Unorthodox Analysis, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modern trends in international copyright to religious equivalents. He notes that the current players include a “secular priesthood” (the traditional copyright bar and academics), “agnostics and atheists” (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and “missionaries” (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright “crusade” has been driven by this last group. The author compares …
Copyright In Europe: Twenty Years Ago, Today And What The Future Holds, P. Bernt Hugenholtz
Copyright In Europe: Twenty Years Ago, Today And What The Future Holds, P. Bernt Hugenholtz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns Your Body Art?: The Copyright And Constitutional Implications Of Tattoos, Meredith Hatic
Who Owns Your Body Art?: The Copyright And Constitutional Implications Of Tattoos, Meredith Hatic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons
Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons
Fordham Intellectual Property, Media and Entertainment Law Journal
Often in the case of a marriage where one partner is a creative spouse, the primary marital asset is a body of copyrighted works. In 2013, author-spouses entered the period when they may begin to terminate any putative copyright transfer to the community property estate or terminate other transfers that may be the basis for prenuptial or postnuptial agreements, property settlements, or dissolution decrees in divorce actions. Section 203 of the 1976 Copyright Act provides that an author may unilaterally terminate a transfer of copyright approximately thirty-five years after the initial transfer. In community property states, state law assumes that …
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald
Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.
Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado
Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau
“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau
Fordham Intellectual Property, Media and Entertainment Law Journal
This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …
The Correct-Like Decision In United States V. Martifnon, David Patton
The Correct-Like Decision In United States V. Martifnon, David Patton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks
A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey
Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The European Database Directive: Regional Stepping Stone To An International Model?, G. M. Hunsucker
The European Database Directive: Regional Stepping Stone To An International Model?, G. M. Hunsucker
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.