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Full-Text Articles in Law
Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer
Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer
Vanderbilt Journal of Entertainment & Technology Law
We are in the midst of a fundamental conflict in law and policy between those who favor maintaining and expanding copyright and related rights in the digital context ("rights enhancers"), and those who favor letting rights atrophy ("rights restrictors'). This Article argues that strong intellectual property rights are essential. At minimum, they are important to support creativity in contexts where the creation, collection, or distribution of the content requires substantial investment of time and resources. The case for allowing creators' rights to weaken is both untested and structurally suspect. Copyright law must construct a balance that fully supports creative activity …
"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong
"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the line between the type and level of transformation required for a copyrightable derivative work and that required to constitute fair use has not been drawn clearly. With the rise of user-generated content, this question (which arises in two distinct copyright contexts) has become even more important. At the same time, copyright law has generally shied away from defining authorship as a legal concept, preferring instead to develop and rely on the related (but not identical) concept of originality. This has resulted in a low copyrightability threshold that does not adequately account for the fact that …
Mass Culture And The Culture Of The Masses: A Manifesto For User-Generated Rights, Debora Halbert
Mass Culture And The Culture Of The Masses: A Manifesto For User-Generated Rights, Debora Halbert
Vanderbilt Journal of Entertainment & Technology Law
User-generated content is a term used to describe the division between culture produced as a commodity for consumption and the culture that is generated by people acting as creative beings without any market incentive. While under current copyright law all types of creativity are protected, the laws of copyright exist primarily to protect commercial forms of expression, not the non-commercial ones that form the foundation of user-generated content. The disconnect between what current copyright law protects and how most people create generates tensions that must be addressed. This Article presents an argument for broader protection of all creative work, including …
User-Generated Content And Virtual Worlds, Greg Lastowka
User-Generated Content And Virtual Worlds, Greg Lastowka
Vanderbilt Journal of Entertainment & Technology Law
Many legal commentators have claimed that virtual worlds owe their popularity to their focus on user-generated content and user creativity. While this is true in part and authorial freedom may draw consumers to virtual worlds, user-generated content can also pose risks to virtual world business from both an aesthetic and legal perspective. A significant tension exists between permitting participants to create content freely and building a successful virtual environment. In some instances, user-generated content can overwhelm virtual worlds. The future of user-generated content in virtual worlds is not clear, given the significant practical and legal problems that accompany user-generated content.
An International-Comparative Perspective On Peer-To-Peer File-Sharing And Third Party Liability In Copyright Law, Guy Pessach
An International-Comparative Perspective On Peer-To-Peer File-Sharing And Third Party Liability In Copyright Law, Guy Pessach
Vanderbilt Journal of Transnational Law
In the last decade, the phenomenon of peer-to-peer file-sharing and its various legal aspects have been dealt with extensively by legal scholarship. The purpose of this Article is to take a closer inspection of several particular legal aspects that are related to peer-to-peer file-sharing as a comparative, social, economic, and cultural phenomenon. The Article begins by providing critical comparative analysis of distinct paradigms that different legal systems have offered regarding the question of third party liability for copyright infringements that occur through peer-to-peer file-sharing platforms. The Article then presents three focal policy considerations that should serve as copyright law's compass …
From Safe Harbor To Choppy Waters: Youtube, The Digital Millennium Copyright Act,And A Much Needed Change Of Course, Lauren B. Patten
From Safe Harbor To Choppy Waters: Youtube, The Digital Millennium Copyright Act,And A Much Needed Change Of Course, Lauren B. Patten
Vanderbilt Journal of Entertainment & Technology Law
YouTube.com, named Time magazine's "Invention of the Year" for 2006 and widely recognized as the most-visited video site on the Internet, has changed the face of online entertainment. With the site's acquisition by Google in October 2006, the possibilities for YouTube's growth became truly endless. However, there is a darker side to the story of the Internet sensation, one that is grounded in its potential liability for copyright infringement. The issue is that many of the most-viewed and most-popular videos on the site are copyrighted. The copyright owners of those popular clips want their works back and are suing YouTube …
The Peer-To-Peer Revolution: A Post-Napster Analysis Of The Rapidly Developing File Sharing Technology, Joseph A. Sifferd
The Peer-To-Peer Revolution: A Post-Napster Analysis Of The Rapidly Developing File Sharing Technology, Joseph A. Sifferd
Vanderbilt Journal of Entertainment & Technology Law
This Note will focus on A&M Records, Inc. v. Napster, Inc. and will include an analysis of copyright law applicable to the legality of the incipient peer-to-peer file-sharing technology. The first section provide a brief factual history and introduction to the Napster legal discussion. The second Section of this Note will include a survey of relevant copyright doctrines, followed by a discussion of the Ninth Circuit's analysis of these doctrines as applied to the facts presented in "Napster." Finally, I will address the future of the peer-to-peer phenomenon, including a review and analysis of different types of peer-to-peer networks that …