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Full-Text Articles in Law
The Saga Continues: Secondary Liability For Copyright Infringement Theory, Practice And Predictions, Connie Davis Powell
The Saga Continues: Secondary Liability For Copyright Infringement Theory, Practice And Predictions, Connie Davis Powell
Akron Intellectual Property Journal
This article begins by outlining the development of secondary liability theory for copyrights, followed by a discussion highlighting the overly-active role the judiciary has played in its development, and closes with addressing the future of secondary liability for copyrights based on its potential application in current litigation.
Making Others Do The Work: Secondary Liability And The Creation Of A General Obligation To The Copyright Industries, Liam O'Melinn
Making Others Do The Work: Secondary Liability And The Creation Of A General Obligation To The Copyright Industries, Liam O'Melinn
Akron Intellectual Property Journal
This Essay argues that the growth of secondary liability actions represents a larger attempt to impose a general obligation to protect the copyrights of the content industries, and that the full significance of secondary liability cannot be understood unless it is considered alongside other manifestations of this tendency. This Essay contends that secondary liability takes on a much greater meaning when it is seen as closely related to other efforts in extending responsibility for protecting copyrights: in the Digital Millennium Copyright Act, in various measures intended to increase the government's responsibility for copyright enforcement, in attempts to make universities accountable …
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Akron Intellectual Property Journal
The digital age brought many challenges for copyright law. While offering enticing new formats for the production and dissemination of copyright content, it also raised the specter of large scale digital piracy. Since the end of the 20th century, content industries have reeled to keep up with technological developments that offer significant promise as well as threats of large scale piracy. There has always been some tension between promoting innovation in content creation and promoting innovation in technologies that enable the enjoyment of copyright works, such as photocopiers, audio tape recorders, video tape recorders, and peer-to-peer file sharing systems. The …
Toward Non-Neutral First Principles Of Private Law: Designing Secondary Liability Rules For New Technological Uses, Thomas C. Folsom
Toward Non-Neutral First Principles Of Private Law: Designing Secondary Liability Rules For New Technological Uses, Thomas C. Folsom
Akron Intellectual Property Journal
A series of recent cases revisits secondary liability in intellectual property law, solving some particular problems but without providing completely specified rules that are predictable and principled. Prior law already includes several varieties of secondary liability with a rationale for each. Together, these old and new sources point the way towards a synthesis, which may allow for a designed solution that is more fully specified, at least in respect of new technological uses. When all is said, secondary liability in intellectual property law still turns on two essential questions: (1) is there someone who is liable for direct infringement, and …