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- Selected Works (5)
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- Fordham Intellectual Property, Media and Entertainment Law Journal (9)
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Articles 1 - 30 of 81
Full-Text Articles in Law
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.
Intellectual Property Piracy In The Time Of The Metaverse, James M. Cooper
Intellectual Property Piracy In The Time Of The Metaverse, James M. Cooper
Faculty Scholarship
The article explores ways in which companies, innovators, artists, and cultural workers can best protect their IP rights in the metaverse. Focusing on IP piracy and counterfeiting, long-time problems in both the real world and online, the article addresses the threats that these illicit activities pose to legitimate commerce, government tax revenues, public safety, and national security. It examines the implications that the metaverse poses for businesses going forward with respect to brand management and revenue source protection and details the manners in which IP rights can be best protected in the metaverse. It concludes with a review of the …
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
Faculty Scholarship
Fifteen years after the Piracy Paradox explained how most anti-copying protection is unnecessary for a thriving fashion industry, we face another piracy paradox: with broader and stronger IP laws and a digital economy in which IP enforcement is more draconian than ever, what explains the ubiquity of everyday copying, sharing, re-making and re-mixing practices that are the life blood of the internet's expressive and innovative ecosystems? Drawing on empirical data from a decade of research, this short essay provides two examples of this "new piracy paradox": a legal regime that ostensibly punishes piracy in a culture in which it is …
Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause
Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause
Missouri Law Review
This Article examines the disparate treatment of music and visual arts sampling under copyright law. Not only does this Article argue that the more liberal fair use principles adopted in recent visual arts cases should be applied to digital music sampling, but it also sets forth a preliminary Code of Best Practices in Fair Use for Digital Music Sampling (“Digital Music Sampling Code”).
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Peter K. Yu
No abstract provided.
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
University of Massachusetts Law Review
Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make, …
A Bridge Between Copyright And Patent Law: Towards A Modern-Day Reapplication Of The Semiconductor Chip Protection Act, Timothy T. Hsieh
A Bridge Between Copyright And Patent Law: Towards A Modern-Day Reapplication Of The Semiconductor Chip Protection Act, Timothy T. Hsieh
Fordham Intellectual Property, Media and Entertainment Law Journal
This Paper analyzes the history of the Semiconductor Chip Protection Act (SCPA), 17 U.S.C. §§ 901–914, and asks why the statute is so seldom used in intellectual property litigation. Afterwards, this Paper makes the argument that the SCPA should be used more in intellectual property litigation, perhaps in tandem with patent litigation, and can be a viable form of protection for semiconductor micro-fabrication companies or integrated circuit design companies engaged in pioneering innovations within the cutting-edge field of semiconductor technology.
The De Minimis Defense In Sound Recordings: How A Trivial Claim Leads To A Big Question, Elvin Canario
The De Minimis Defense In Sound Recordings: How A Trivial Claim Leads To A Big Question, Elvin Canario
Touro Law Review
No abstract provided.
Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma
Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma
Marquette Sports Law Review
None
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
Stop Online Piracy Act, Nicollette Brandt
Stop Online Piracy Act, Nicollette Brandt
Oklahoma Journal of Law and Technology
No abstract provided.
Looking Into Pandora's Box: The Content Of Sci-Hub And Its Usage, Bastian Greshake
Looking Into Pandora's Box: The Content Of Sci-Hub And Its Usage, Bastian Greshake
Copyright, Fair Use, Scholarly Communication, etc.
Despite the growth of Open Access, potentially illegally circumventing paywalls to access scholarly publications is becoming a more mainstream phenomenon. The web service Sci-Hub is amongst the biggest facilitators of this, offering free access to around 62 million publications. So far it is not well studied how and why its users are accessing publications through Sci-Hub. By utilizing the recently released corpus of Sci-Hub and comparing it to the data of ~28 million downloads done through the service, this study tries to address some of these questions. The comparative analysis shows that both the usage and complete corpus is largely …
May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins
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.
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal
Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal
Sonia Katyal
There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …
Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander
Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander
Journal of Intellectual Property Law
No abstract provided.
Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar
Brooklyn Journal of International Law
The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …
International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property Protection: A United States Priority, Richard A. Morford
Intellectual Property Protection: A United States Priority, Richard A. Morford
Georgia Journal of International & Comparative Law
No abstract provided.
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Georgia Journal of International & Comparative Law
No abstract provided.
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
Catholic University Law Review
No abstract provided.
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
University of Massachusetts Law Review
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.
Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio
Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
In the last two decades, the industry has endlessly deployed the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy, peer-to-peer file sharing and the like. In fact, the uneasiness in sharing the view that harsher measures are an adequate response to copyright infringement in the digital environment comes from the uncertain grounds on which the heavy-handed reaction against digital piracy has been based. Two related arguments might run against this heavy-handed approach. First, market conditions might incentivize piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially …
A Legislative Proposal To End Bootlegging In The Patent System, James Van Santen
A Legislative Proposal To End Bootlegging In The Patent System, James Van Santen
Pepperdine Law Review
No abstract provided.
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Maxim Tsotsorin
Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Pace Law Review
No abstract provided.
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
Michigan Law Review
Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Mathias Klang
Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …
This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer
This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer
Matthew Rimmer
When too much sport is not enoughH.G. Nelson and Roy SlavenSport occupies an anomalous position under Australian copyright law. A footballer like Gary Ablett Junior is not an author under copyright law. A sporting spectacle like the AFL Grand Final or the State of Origin is not a dramatic work. Sporting events are protected somewhat peripherally as television broadcasts under Australian copyright law. Nonetheless, sports organizations have engaged in special pleading in respect of intellectual property law. This has been particularly evident in the litigation between Optus, the National Rugby League, and the Australian Football League.
A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer
A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer
Matthew Rimmer
“If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close.” David Fewer“While European and American IP maximalists have pushed for TRIPS-Plus provisions in FTAs and bilateral agreements, they are now pushing for TRIPS-Plus-Plus protections in these various forums.” Susan Sell“ACTA is a threat to the future of a free and open Internet.” Alexander Furnas“Implementing the agreement could open a Pandora's box of potential human rights violations.” Amnesty International.“I will not take part in this masquerade.” Kader Arif, Rapporteur for the Anti-Counterfeiting Trade Agreement 2011 in the European ParliamentExecutive SummaryAs an independent scholar …