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Full-Text Articles in Law
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Michigan Telecommunications & Technology Law Review
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it …
Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally-Created Graffiti Art, Jamison Davies
Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally-Created Graffiti Art, Jamison Davies
Maine Law Review
This paper begins by examining whether illegally-created graffiti art is entitled to copyright protection under the current copyright law. Analogies are made to other forms of unwanted expression, fraud and obscenity, and their historical and current copyright status. The remainder of the paper uses graffiti art as a lens through which to examine various theoretical explanations of copyright, both as descriptive theories of production and as normative theories of protection.
Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz
Cheddar, Not Swiss: A Director’S Interest In Copyright, Amanda Schwartz
Seton Hall Circuit Review
No abstract provided.
Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino
Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino
Seton Hall Circuit Review
No abstract provided.
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
NYLS Law Review
No abstract provided.
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Marquette Intellectual Property Law Review
This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
NYLS Law Review
No abstract provided.
16 Casa Duse, Llc V. Merkin, Abbey Gauger
Copyright Paternalism, Kevin J. Hickey
Copyright Paternalism, Kevin J. Hickey
Vanderbilt Journal of Entertainment & Technology Law
The dominant justification for copyright is based on the notion that authors respond rationally to economic incentives. Despite the dominance of this incentive model, many aspects of existing copyright law are best understood as motivated by paternalism. Termination rights permit authors to rescind their own earlier assignments of copyright. The elimination of formalities protects careless authors from forfeitures of copyright if they fail to register the copyright or place appropriate notice on their works. The law limits how copyrights can be transferred, when rights in emerging media can be assigned, and which works can be designated as "made for hire" …