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Full-Text Articles in Law
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The University of New Hampshire Law Review
[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli
Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli
West Virginia Law Review
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Washington and Lee Law Review
No abstract provided.
Indirect Infringement From A Tort Law Perspective, Charles Adams
Indirect Infringement From A Tort Law Perspective, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Separating The Sony Sheep From The Grokster Goats: Reckoning The Future Business Plans Of Copyright-Dependent Technology Entrepeneurs, Jane C. Ginsburg
Separating The Sony Sheep From The Grokster Goats: Reckoning The Future Business Plans Of Copyright-Dependent Technology Entrepeneurs, Jane C. Ginsburg
Faculty Scholarship
In MGM v. Grokster, the U.S. Supreme Court established that businesses built from the start on inducing copyright infringement will be held liable, as judges will frown on drawing one's start-up capital from other people's copyrights. The Court's elucidation of the elements of inducement suggests that even businesses not initially built on infringement, but in which infringement comes to play an increasingly profitable part, may find themselves liable unless they take good faith measures to forestall infringements. This Article addresses the evolution of the U.S. judge-made rules of secondary liability for copyright infringement, and the possible emergence of an obligation …
Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly
Tracy Reilly