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Articles 1 - 18 of 18
Full-Text Articles in Law
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
Machinima And Copyright Law, Matthew Brett Freedman
Machinima And Copyright Law, Matthew Brett Freedman
Journal of Intellectual Property Law
No abstract provided.
May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins
May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins
Journal of Intellectual Property Law
No abstract provided.
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Journal of Intellectual Property Law
No abstract provided.
The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway
The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway
Journal of Intellectual Property Law
No abstract provided.
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
Journal of Intellectual Property Law
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Journal of Intellectual Property Law
No abstract provided.
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
Journal of Intellectual Property Law
No abstract provided.
Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren
Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren
Journal of Intellectual Property Law
No abstract provided.
File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut
File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut
Journal of Intellectual Property Law
No abstract provided.
Fair Use For Computer Programs And Other Copyrightable Works In Digital Form: The Implications Of Sony, Galoob And Sega, Pamela Samuelson
Fair Use For Computer Programs And Other Copyrightable Works In Digital Form: The Implications Of Sony, Galoob And Sega, Pamela Samuelson
Journal of Intellectual Property Law
No abstract provided.
Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews
Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews
Journal of Intellectual Property Law
No abstract provided.
Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan
Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan
Journal of Intellectual Property Law
No abstract provided.
Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies
Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies
Journal of Intellectual Property Law
No abstract provided.
Abercrombie 2.0 - Can We Get There From Here? The Thoughts On 'Suggestive Fair Use', Joseph S. Miller
Abercrombie 2.0 - Can We Get There From Here? The Thoughts On 'Suggestive Fair Use', Joseph S. Miller
Scholarly Works
Professor Linford, unlike Caesar’s Antony, seeks not only to bury Abercrombie, but to praise it, at least in part. Using linguistic evidence, both historical and experimental, he would relocate a bobbled boundary—from the descriptive–suggestive transition to the suggestive–arbitrary transition—and thereby establish a reformed template for sorting word marks according to their source-signifying strength. The basic difference between acquired and inherent distinctiveness not only remains in Linford’s account, however; it draws new strength from insights about semantic change. Behold, Abercrombie 2.0! His recent article, which is both provocative and engaging, continues the reconstructive work Linford began in his critique of …