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Full-Text Articles in Law
Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby
Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby
Hofstra Law Faculty Scholarship
On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and more. …
Copyright In The Expanded Field, Xiyin Tang
Copyright In The Expanded Field, Xiyin Tang
Hofstra Law Review
Intellectual property law and the art forms it is meant to protect are expanding. In our information age, artists hoping to assert their rights frequently assert a combination of trademark, copyright, and right of publicity or moral rights claims in order to maximize their chances of success. This Article looks beyond IP law to some of its more unlikely complements — tort and property law — as a viable means of redress for artists who may be ineligible for copyright protection. Specifically, recent cases involving a specific form of hybrid art — land art, or “site specific art” — have …
Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper
Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper
Hofstra Law Review
No abstract provided.
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Hofstra Law Review
Two principal pillars of media policy are communications and copyright law. In each discipline, there are pluralists who seek greater public access to the means of communications (communications policy pluralists) and communicative content (copyright pluralists). Historically, communications policy pluralists have sought government interventions in the marketplace in order to increase access to mass communications. Copyright pluralists, by contrast, have fought against regulatory interventions they argue unduly strengthen the rights of copyright holders to deny access to content. In pursuing these strategies, the pluralists have used First Amendment arguments that are in tension with each other and ultimately unavailing in the …
The Escalating Copyright Wars, Peter K. Yu
The Escalating Copyright Wars, Peter K. Yu
Hofstra Law Review
Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …
Copyrights And Copyremedies: Unfair Use And Injunctions, Honorable James L. Oakes
Copyrights And Copyremedies: Unfair Use And Injunctions, Honorable James L. Oakes
Hofstra Law Review
No abstract provided.
Music Recording, Publishing, And Compulsory Licenses: Toward A Consistent Copyright Law, Scott L. Bach
Music Recording, Publishing, And Compulsory Licenses: Toward A Consistent Copyright Law, Scott L. Bach
Hofstra Law Review
No abstract provided.
Protection Of The Design Of Useful Articles: Current Inadequacies And Proposed Solutions, Steve W. Ackerman
Protection Of The Design Of Useful Articles: Current Inadequacies And Proposed Solutions, Steve W. Ackerman
Hofstra Law Review
No abstract provided.
The Fcc's Deregulation Of Cable Television: The Problem Of Unfair Competition And The 1976 Copyright Act, David Bowman
The Fcc's Deregulation Of Cable Television: The Problem Of Unfair Competition And The 1976 Copyright Act, David Bowman
Hofstra Law Review
No abstract provided.