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Full-Text Articles in Law
Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon
Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon
Faculty Scholarship
This article reviews the underlying societal imperatives reflected in a policy of intangible cultural heritage and the intellectual property-like regimes being developed to protect these interests. It contrasts UNESCO efforts with more narrowly tailored efforts of WIPO and juxtaposes those approaches with the localism model developed under the FCC. While aspects of the WIPO protection efforts focusing on trademark-like and trade secret-like protections benefit the people and cultures these policies hope to serve, additional copyright-like protections will likely do more harm than good. Instead, global public policy will be far better served through emphasis on the FCC's localism attributes of …
Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon
Faculty Scholarship
In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.
Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect …
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Vicenç Feliú
The orphan works issue has continued to grow in the United States despite strong efforts to find a workable solution. Stakeholders on both sides of the issue have proposed and opposed both solutions and compromises that could have alleviated the problem and are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To create a workable solution to the orphan works issue, a new legislative effort would have to take into account the questions raised by …
Copyright As Charity, Brian L. Frye
Copyright As Charity, Brian L. Frye
Nova Law Review
Copyright and charity law are generally considered distinct and
unrelated bodies of law. But they are actually quite similar and complement
each other
Petrella V. Metro-Goldwyn-Mayer: A 'Stairway' To Countless Copyright Claims, Dylan Fulop
Petrella V. Metro-Goldwyn-Mayer: A 'Stairway' To Countless Copyright Claims, Dylan Fulop
Nova Law Review
Iconic film critic, Roger Ebert, proclaimed that a scene from the hit
movie Raging Bull showcased “acting as good as any ever put on the
screen.”1 In addition to cracking Ebert’s list of top ten movies, the American
Film Institute declared Raging Bull the fourth greatest American movie of all
time