Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Vanderbilt Law School Faculty Publications
Whether the nature of the risks associated with climbing high-altitude (8000 m) peaks is in some sense “controllable” is a longstanding debate in the mountaineering community. Well-known mountaineers David Roberts and Ed Viesturs explore this issue in their recent memoirs. Roberts views the primary risks as “ objective ” or uncontrollable, whereas Viesturs maintains that experience and attention to safety can make a significant difference. This study sheds light on the Roberts-Viesturs debate using a comprehensive dataset of climbing on Nepalese Himalayan peaks. To test whether the data is consistent with a constant failure rate model (Roberts) or a decreasing …
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase “based upon” with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …