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Full-Text Articles in Law

Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark Jul 2019

Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark

Journal of Intellectual Property Law

No abstract provided.


Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley Jan 2018

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley

Journal of Intellectual Property Law

The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …


Copyright--My Story: A One-Woman Play, Corey Field Nov 2016

Copyright--My Story: A One-Woman Play, Corey Field

Journal of Intellectual Property Law

No abstract provided.


Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro Sep 2016

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Journal of Intellectual Property Law

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley Apr 2016

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards Apr 2016

The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards

Journal of Intellectual Property Law

No abstract provided.


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr Apr 2016

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega Apr 2016

How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega

Journal of Intellectual Property Law

No abstract provided.


Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle Apr 2016

Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle

Journal of Intellectual Property Law

No abstract provided.


The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen Apr 2016

The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen

Journal of Intellectual Property Law

No abstract provided.


Folsom V. Marsh And Its Legacy, L. Ray Patterson Apr 2016

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


The Music On Hold Case, Melissa De Zwart Apr 2016

The Music On Hold Case, Melissa De Zwart

Journal of Intellectual Property Law

No abstract provided.


A Response To Mr. Y'Barbo's Reply, L. Ray Patterson Apr 2016

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr. Mar 2016

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Journal of Intellectual Property Law

No abstract provided.


Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson Mar 2016

Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews Mar 2016

Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.


Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks Mar 2016

Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks

Journal of Intellectual Property Law

No abstract provided.


The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet Mar 2016

The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet

Journal of Intellectual Property Law

No abstract provided.


Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt Mar 2016

Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt

Journal of Intellectual Property Law

No abstract provided.


Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley Jan 2016

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley

Scholarly Works

The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …


Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach Mar 2015

Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach

Georgia Journal of International & Comparative Law

No abstract provided.


International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein Feb 2015

International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein

Georgia Journal of International & Comparative Law

No abstract provided.


Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems Jan 1998

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.


Legal Aspects Of The Internet, Etienne Pichat Jan 1997

Legal Aspects Of The Internet, Etienne Pichat

LLM Theses and Essays

This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …