Law Commons^™

Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino

Electronic Thesis and Dissertation Repository

Due to significant changes in the Canadian copyright system, universities are seeking new ways to address the use of copyrighted works within their institutions. While the law provides quite a bit of leeway for use of copyrighted materials for educational and research purposes, the response by Canadian universities and related associations has not been to fully embrace their legal rights – rather, they have taken an approach that places emphasis on risk avoidance rather than maximizing use of materials, unlike their American counterparts. In the U.S., where educational fair use is arguably less flexible in application than fair dealing, there …

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.

Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet

David R Hansen

No abstract provided.

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog

Journal of Intellectual Property Law

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

Machinima And Copyright Law, Matthew Brett Freedman

Journal of Intellectual Property Law

No abstract provided.

Copyright: Walking The Tightrope, Bethany Kenyon, Elizabeth Dyer

Library Services Faculty Posters

Librarians often struggle with copyright questions from patrons. After winning a copyright consultation with copyright specialist Barbara Ingrassia during the 2015 North Atlantic Health Sciences Libraries (NAHSL) Scholarship Raffle, UNE librarians decided it was high time to conquer our fears and create a tool to help with the balancing act that is Fair Use. This poster describes the development and promotion of a Fair Use Checklist.

Aesthetic Nondiscrimination & Fair Use, Brian L. Frye

Law Faculty Scholarly Articles

While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use “transformativeness” inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works.

Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …

May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins

Journal of Intellectual Property Law

No abstract provided.

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.

The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway

Journal of Intellectual Property Law

No abstract provided.

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal

Sonia Katyal

Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …

Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal

Sonia Katyal

Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Sonia Katyal

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …

Fox V. Dish Network: Sony Betamax And The Ninth Circuit's Failure To Ad-Skip To The Future, Alexander E. Porter

Akron Intellectual Property Journal

Although fair use is a fact-specific doctrine, the court equated the facts of Fox v. Dish Network to Sony Corp. of America v. Universal City Studios, Inc. in order to avoid addressing both issues. This Note argues that if the Ninth Circuit had conducted a more in-depth fair use analysis, it would have found that Sony was less controlling than the court purported it to be, and that the use of Dish’s PTAT does not constitute fair use.

Part II of this Note discusses the doctrine of fair use, its application in Sony, and how the ruling of …

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Journal of Intellectual Property Law

No abstract provided.

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Journal of Intellectual Property Law

No abstract provided.

File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut

Journal of Intellectual Property Law

No abstract provided.

How Oracle Erred: Functionality, Useful Articles, And The Future Of Computer Copyright, Wendy J. Gordon

Faculty Scholarship

In Oracle v. Google (2015), the Federal Circuit addressed whether the " method header " components of a dominant computer program were uncopyrightable as " merging " with the headers' ideas or function. Google had copied the headers to ease the ability of third-party programmers to interact with Google's Android platform. The court rebuffed the copyrightability challenge; it reasoned that because the plaintiff's expression might have been written in alternative forms, there was no " merger " of idea and expression. But the Oracle court may have been asking the wrong question. In Lotus v. Borland (1995), the owner of …

District Court: Cambridge Univ. Pr. Et Al. V. Becker Et Al.: Ruling On Remand (2016), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.

Fair Use For Computer Programs And Other Copyrightable Works In Digital Form: The Implications Of Sony, Galoob And Sega, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.

Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

If Hip-Hop Were Classified And The Pentagon Papers Had Been Copyrighted: An Analysis Of Whether The Fair Use Defense In Copyright Law Is Broad Enough To Protect First Amendment Concerns, Sean Buchanan

Akron Intellectual Property Journal

This paper will show that copyright law conflicts with the First Amendment in that the fair use doctrine is insufficient to protect the fundamental rights and interests that underlie the First Amendment's protection of speech. To do this, the paper will examine three primary justifications of the First Amendment: individual liberty, the marketplace of ideas, and political participation. The paper will also analyze multiple situations, in which parties bring copyright suits and the defendants claim fair use, to determine whether the fair use doctrine protects the First Amendment. This paper will show that if one accepts either a marketplace of …

Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan

Journal of Intellectual Property Law

No abstract provided.

Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies

Journal of Intellectual Property Law

No abstract provided.

Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider

Brooklyn Law Review

The copyright fair use test balances the copyright holder’s right to exclude others from using its work against the secondary user’s First Amendment right, yet this test is often too unpredictable and favors misappropriation, even the most commercial kind. The test is weakest when used to determine the legality of sexual parodies. The sexual nature of the parody should receive statutory consideration in the balancing test because vulgar and lewd speech is often deemed “low value” speech, and therefore the secondary user’s First Amendment right is weaker compared to the copyright owner’s right to exclude. Courts already consider the sexual …

Normalizing Copyright In The Electronic Environment, Vicenç Feliú

Vicenç Feliú

This article is an update of an article written by Professor Ann Bartow in 2003 entitled Electrifying Copyright Norms and Making Cyberspace More Like a Book. In Electrifying Bartow examined the social norms applied when using copyrighted works in the analog world, she explains how social norms develop, coalesce, and become de facto rules of behavior. She proposed that, at the time the article was written, real world copyright norms were not making their way into cyberspace because copyright holders were using their own normative view to exercise control of works embodied in electronic formats. She focused on non-profit libraries …