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Full-Text Articles in Law
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
William & Mary Law Review
When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …
A Pasture Theory Of Creative Controls: A New Approach To Copyright And Patent Subject Matter Overgrowth, Maximilian Meese
A Pasture Theory Of Creative Controls: A New Approach To Copyright And Patent Subject Matter Overgrowth, Maximilian Meese
William & Mary Law Review
No abstract provided.
Contracting In The Dark: Casting Light On The Shadows Of Second Level Agreements, Abigail R. Simon
Contracting In The Dark: Casting Light On The Shadows Of Second Level Agreements, Abigail R. Simon
William & Mary Business Law Review
In the early days of the Internet, copyright owners concentrated on eliminating infringement threats posed by the new technology. Today, many copyright owners are partnering with major user-generated content platforms in order to participate in and receive compensation for some third-party infringement occurring on the Internet. YouTube pioneered such partnership arrangements in 2006 with a new kind of copyright license now referred to as a “second level agreement.” In 2008, YouTube unveiled Content ID, which streamlined the process for entering into second level agreements with the site. This Note analyzes Content ID and the second level agreements underlying it to …
Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu
Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu
William & Mary Law Review
As copyrighted works are increasingly distributed in digital form over the Internet, our conventional print-based understandings of the rights associated with copy ownership are coming into increasing conflict with the copyright owner's right to restrict copying. Specifically, certain common activities, such as reading and transferring physical copies of copyrighted works (such as books), are increasingly being viewed as potential acts of copyright infringement when applied to digital copies. This Article explores this conflict by taking a close look at the concept of copy ownership. It argues that conventional notions of physical property ownership play an important, unrecognized role in copyright …
Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer
Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer
William & Mary Law Review
No abstract provided.
Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas
Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas
William & Mary Law Review
No abstract provided.
Rethinking Originality, Russ Versteeg