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Full-Text Articles in Law
"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger
"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger
Vanderbilt Law Review
In 1953, a twenty-seven year old man underwent brain surgery to treat the severe epilepsy that had plagued him during his youth. The surgeon, Dr. William Scoville, removed portions of the young man's brain that were involved in memory processing. Most notably, Dr. Scoville removed most of his patient's hippocampus. The surgery left the young man, now known to psychologists as H.M., with anterograde amnesia: he still had a short-term memory, but he was unable to convert any of his short-term memories into new long-term memories. Although H.M. could not form new long-term memories, psychologists found that he still could …
An Intellectual Property Food Fight: Why Copyright Law Should Embrace Culinary Innovation, J. Austin Broussard
An Intellectual Property Food Fight: Why Copyright Law Should Embrace Culinary Innovation, J. Austin Broussard
Vanderbilt Journal of Entertainment & Technology Law
In the United States, dining has become an increasingly popular form of leisure and entertainment, generating an estimated $537 billion in 2007. However, dining represents only one aspect of the modern food economy; cooking and dining are regularly featured in newspapers and magazines, while celebrity chefs tout their own brands on television. Eating has been transformed from a mere perfunctory activity into big business. Increasing competition for the attention and money of restaurant patrons has prompted chefs of grande cuisine to differentiate their menus by creating unique dishes. The time and labor that chefs sink into this form of innovation …
Sparing Internet Radio From The Real Threat Of The Hypothetical Marketplace, Mark D. Robertson
Sparing Internet Radio From The Real Threat Of The Hypothetical Marketplace, Mark D. Robertson
Vanderbilt Journal of Entertainment & Technology Law
In early 2007, the newly minted Copyright Royalty Board(CRB) handed down its first ruling, which set royalty rates for the digital performance of sound recordings. The CRB's ruling ignited a firestorm of concern among Internet radio broadcasters (webcasters) and their listeners. For some webcasters, the change to royalty rates constituted a 300-1200% increase over what was due under the previous scheme. This massive increase in royalties is attributable to the willing buyer/willing seller standard that the CRB is statutorily required to employ. This standard directs the CRB to construct one hypothetical marketplace and establish rates to which most buyers and …
User-Generated Content And Virtual Worlds, Greg Lastowka
User-Generated Content And Virtual Worlds, Greg Lastowka
Vanderbilt Journal of Entertainment & Technology Law
Many legal commentators have claimed that virtual worlds owe their popularity to their focus on user-generated content and user creativity. While this is true in part and authorial freedom may draw consumers to virtual worlds, user-generated content can also pose risks to virtual world business from both an aesthetic and legal perspective. A significant tension exists between permitting participants to create content freely and building a successful virtual environment. In some instances, user-generated content can overwhelm virtual worlds. The future of user-generated content in virtual worlds is not clear, given the significant practical and legal problems that accompany user-generated content.