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Full-Text Articles in Law
Copyrights And Creative Copying, Ann Bartow
Copyrights And Creative Copying, Ann Bartow
Ann Bartow
People invest their time, energy and resources to produce a broad variety of copyrightable works of original authorship for an expansive array of reasons, many of which appear economically irrational. This makes it impossible to offer defensible generalizations about the effect, if any, that copyright laws have upon human creators, their artistic impulses, and the decision making underlying the formation of creative works. Nevertheless, it seems highly probable that authors can be negatively affected by the specter of copyright infringement suits in a manner that burdens and chills the creative process. Exact, whole-text copying can be avoided by authors aspiring …
Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow
Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow
Ann Bartow
Intellectual property (IP) is a term that denotes intangible yet legally protected products of human creativity. The main types of IP include patents, copyrights, and trademarks. This article provides an overview of the special IP issues that can arise in the contexts of divorce, estate planning, or probate.
Intellectual Property And Domestic Relations: Issues To Consider When There Is An Artist, Author, Inventor, Or Celebrity In The House, Ann Bartow
Ann Bartow
This article articulates some of the special issues raised by intellectual property in the context of family-law-oriented concerns. It also necessarily explores the characteristics and properties of personal intellectual property in a broader sense. What follows is an overview of the special issues and concerns intellectual property might present in the context of divorce, estate planning, or probate. Please keep one important caveat in mind: Intellectual property has become a very dynamic area of the law. Governing federal patent, copyright, and trademark statutes are extensively amended with astounding frequency. Right of publicity and trade secret law are also constantly evolving. …
Arresting Technology: An Essay, Ann Bartow
Arresting Technology: An Essay, Ann Bartow
Ann Bartow
This Essay considers the current trend of content owners using copyright laws (particularly the doctrine of contributory infringement) to "arrest technology," thereby burdening file sharing technologies with a duty to prevent unauthorized copying of copyrighted works in digital formats. The Author argues that copying is not necessarily theft, and that sharing music files (for example) shouldn't be treated by courts or lawmakers as if it was "the moral equivalent of looting." Instead, copyright owners should take responsibility for developing technological measures to minimize unauthorized copying, so that file trading technologies, themselves often copyrightable innovations, can flourish and copyright law promotes …