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Full-Text Articles in Law
The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
Michael J. Madison
This Essay was written as part of a Symposium on open access publishing for legal scholarship, held at Lewis & Clark Law School. It makes the claim that “open access” publishing models will succeed, or not, to the extent that they account for the existing “economy of prestige” that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy – or perhaps especially by them) may facilitate the …
Locks & Levies, Jeremy F. De Beer
Locks & Levies, Jeremy F. De Beer
Jeremy de Beer
This paper explores two ways that law can influence the creation and distribution of digital content. Specifically, it looks at the relationship between (1) prohibitions against circumventing technological protection measures (TPMs) and (2) levies on products or services used to reproduce or transmit digital materials. The relationship between digital locks and levies is analyzed through a comparative study of developments in Canada and the United States. Canada has created a broad levy (compared to the United States) to address the issue of private copying. Canada has not, so far, enacted specific anti-circumvention legislation like the Digital Millennium Copyright Act (DMCA). …
Rebalancing Section 512 To Protect Fair Users From Herds Of Mice-Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack
Malla Pollack
I agree with the basic concept of 17 U.S.C. § 512; to protect Internet functionality, ISPs should have robust safe harbors against liability for their subscribers' copyright infringement. However, the current details of the notice and take down system are both unfair to the general public and unnecessary to the economic health of the United States. I suggest a robust, statutorily established digital fair use right backed by a notice and take down procedure protecting fair users. At a minimum, use of a purchased music file on any of the purchaser's equipment should be fair use. Preferably, all personal non-commercial …
War And Peace: The 34th Annual Donald C. Brace Lecture, Jessica Litman
War And Peace: The 34th Annual Donald C. Brace Lecture, Jessica Litman
Jessica Litman
No abstract provided.
How Restrictive Terms And Technologies Backfired On Sony Bmg , Jeremy F. De Beer
How Restrictive Terms And Technologies Backfired On Sony Bmg , Jeremy F. De Beer
Jeremy de Beer
This short paper addresses the issue of restrictive contractual terms and digital rights management technologies in the music industry, using the recent controversy surrounding Sony BMG Music as a case study. The issues are discussed mainly from a Canadian perspective. Part I provides an overview of the factual and technical background to this story. Part II contains an analysis of the legal consequences of Sony BMG's actions, and offers some insights as to the policy implications for consumer protection, contract and copyright laws.
Protection Of Broadcasters’ Rights, Megumi Ogawa
Protection Of Broadcasters’ Rights, Megumi Ogawa
Dr Megumi Ogawa
This book deals with a highly topical area: the protection of broadcasters' rights. It is an area in which the World Intellectual Property Organisation (WIPO) has been working to draft a new treaty and has now reached the final stage for conclusion of the treaty. The author analyses the formation and subsequent development of the legislation for protecting broadcasters' rights, and discusses the current legal issues arising out of current proposals at the international and domestic levels to upgrade that protection. The focus of the work is the international protection of broadcasters' rights as well as in the two jurisdictions …
A Feeling Of Unease About Privacy Law, Ann Bartow
A Feeling Of Unease About Privacy Law, Ann Bartow
Ann Bartow
This essay responds to Daniel Solove's recent article, A Taxonomy of Privacy. I have read many of Daniel Solove's privacy-related writings, and he has made many important scholarly contributions to the field. As with his previous works about privacy and the law, it is an interesting and substantive piece of work. Where it falls short, in my estimation, is in failing to label and categorize the very real harms of privacy invasions in an adequately compelling manner. Most commentators agree that compromising a person's privacy will chill certain behaviors and change others, but a powerful list of the reasons why …
The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier
The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier
Severine Dusollier
No abstract provided.
One On The Nose For Bellure: French Appellate Court Confirms That Perfumes Are Copyright Protected, Estelle Derclaye
One On The Nose For Bellure: French Appellate Court Confirms That Perfumes Are Copyright Protected, Estelle Derclaye
Estelle Derclaye
No abstract provided.