Law Commons^™

Copyright For A Social Species, Robert E. Suggs

Robert E. Suggs

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard

American University Law Review

No abstract provided.

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalating
copyright clearance requirements.

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …

I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh

All Faculty Scholarship

Professor Balganesh responds to Gideon Parchomovsky & Alex Stein, Originality, 95 Va. L. Rev. 1505 (2009), arguing that their proposal can perhaps be accommodated under current copyright doctrine.

The Anti-Counterfeiting Trade Agreement: An Updated Analysis, Kimberlee G. Weatherall

Kimberlee G Weatherall

This paper provides an updated analysis of the issues posed by negotiations for the ACTA, as at November 2009.

The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter

Laura Quilter

No abstract provided.

Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

At the moment that “incentives” for creation meet “preferences” for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance—even overabundance—in creativity can help define the proper scope of copyright …

Waardering Van Intellectuele Eigensomsrechten, Severin De Wit

Severin de Wit

Waardering van Intellectuele eigendomsrechten is een nog onontgonnen terrein. Bestaande waarderingstechnieken zijn in veel gevallen ontoereikend voor een bruikbare waardering. Omstandigheden die voor een waardering van belang kunnen zijn.

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …

From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon

Faculty Scholarship

Over 20 years ago, the United States brought its copyright law into sync with international norms through the adoption of the Berne Convention. As a result, copyright notice is no longer a prerequisite to copyright protection. But because Congress implemented the Berne Convention through amendments to the (rather than adoption of a wholly new) Copyright Act, litigants have argued and at least some courts have held that certain works still must be noticed. This Article is concerned to rebut that contention.

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.

Vol. Vi, Tab 38 - Ex. 28 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima

West Virginia Law Review

While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of …

The Copyright Revision Act Of 2026, Jessica Litman

Marquette Intellectual Property Law Review

American copyright law is broken. In fact, its failings are leading lawyers and scholars to find resourceful strategies to work around the deficiencies in the current state of the law. These strategies, the lecturer argues, indicate that a fundamental overhaul of copyright law is imminent. After lamenting the disconnect between academia and the practicing bar and examining the present laws' shortcomings felt by authors, distributors, and consumers alike, the lecturer provides three goals a new copyright regime should meet. First, copyright law should be more easily accessible and, likewise, understandable for non-lawyers. Second, the new copyright laws should reduce the …

Three Cases: A Practitioner's Life In Copyright, Mary Jane Sanders

Marquette Intellectual Property Law Review

In this speech, the lecturer highlights three influential Supreme Court decisions on copyright law and explains how these cases have influenced her career. The lecturer explains that the highlighted cases had a lasting impact on the intellectual property world and are still applicable to today's copyright practitioners. Even though intellectual property law now involves more cutting edge technology, issues such as copyright infringement, copyright ownership, and the award of attorney fees will always be fundamental to any copyright litigation.

Memorial To Barbara Ringer, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The story goes that in 439 BC the retired consul Cincinnatus was summoned from the plow by the Senate and people of Rome. One more time, he saw the Republic through a time of particular peril, resigning office immediately afterwards to return to his rural retirement - to be transmuted into a timeless emblem of selfless probity. Episodes of this kind are even rarer in the annals of the U.S. civil service than in the Roman history. But I had the good fortune to be a witness to one such - Barbara Ringer's return to the Library of Congress in …

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Faculty Publications

No abstract provided.

Copyright Law And The Restoration Of Beauty, David Nimmer

Osgoode Hall Law Journal

No abstract provided.

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …

Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder

Chicago-Kent Law Review

Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.

In The Matter Of Exemption To Prohibition On Circumvention Of Copyright Protection Systems For Access Control Technologies: Hearing Before The U.S. Copyright Office, Library Of Cong., May 6, 2009 (Statement Of Roger V. Skalbeck, Geo. U. L. Library, On Behalf Of The American Association Of Law Libraries, The Medical Library Association And The Special Libraries Association), Roger Skalbeck

Testimony Before Congress

The American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association submit the following comments on exemptions that should be granted pursuant to 17 U.S.C. § 1201 (a)(1)(C).

Our request for an exemption is specifically aimed at literary and audiovisual works, usually commercially-produced, lawfully-acquired DVDs, when circumvention is used to make compilations of brief portions of the works for educational use by faculty members in a classroom setting.

Specifically, we request that the exemption granted to faculty in media and film studies programs after the 2006 rulemaking proceeding be broadened to faculty of law and the …