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Articles 1 - 6 of 6
Full-Text Articles in Law
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …
Fixing Fair Use, Michael W. Carroll
Fixing Fair Use, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …
Fixing Fair Use, Michael W. Carroll
Fixing Fair Use, Michael W. Carroll
Michael W. Carroll
The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …
Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey
Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey
Denise Troll Covey
No abstract provided.
Fair Use Harbors, Gideon Parchomovsky, Kevin A. Goldman
Fair Use Harbors, Gideon Parchomovsky, Kevin A. Goldman
All Faculty Scholarship
The doctrine of fair use was originally intended to facilitate those socially optimal uses of copyrighted material that would otherwise constitute infringement. Yet the application of the law has become so unpredictable that would-be fair-users can rarely rely on the doctrine with any significant level of confidence. Moreover, the doctrine provides no defense for those seeking to make fair uses of material protected by anti-circumvention measures. As a result, artists working in media both new and old are unable to derive from copyrighted works the full value to which the public is entitled. In this Essay, we propose a solution …
Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey
Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey
Denise Troll Covey
No abstract provided.