Law Commons^™

The Author Was Not An Author: The Copyright Interests Of Photographic Subjects From Wilde To Garcia, Eva Subotnik

Faculty Publications

(Excerpt)

Toward the end of his dissent in the Ninth Circuit’s en banc opinion in Garcia v. Google, Judge Alex Kozinski remarked that “[w]hen modern works, such as films or plays, are produced, contributors will often create separate, copyrightable works as part of the process.” Judge Kozinski’s characterization of plays (or even films) as “modern works” opens the door to an examination of that claim with respect to another genre of “modern work[]”: the photograph.

As I will discuss, Judge Kozinski’s claim has not been true of the allocation of rights within that medium. It is therefore surprising that …

Copyright Policy And The Problem Of Generalizing, Eva E. Subotnik

Faculty Publications

(Excerpt)

Today we have heard a variety of concerns expressed by professional authors, artists and performers. But one of the toughest aspects of determining how to make the copyright system work better is generalizing about what is and is not working. In these brief remarks, I would like to identify three areas that demonstrate this difficulty.

At the outset, a disclaimer: I took the animating theme of this Symposium to be the improvement of the financial stake of individual authors in some kind of direct way. This mode of analysis should be distinguished from other approaches, equally valid, that would …

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Faculty Publications

No abstract provided.

Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford

Faculty Publications

This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.

The Birth Of The Authornym: Authorship, Pseudonymity, And Trademark Law, Laura A. Heymann

Faculty Publications

Consumers in the marketplace of ideas are well acquainted with one aspect of the Foucauldian concept of the "author function": the way in which an author's name serves to organize both producer inputs-the various works the author wishes to have associated with his name-and consumer inputs-the readers' interpretive reactions to any particular body of work. Indeed, choosing to write under a pseudonym or under one's true name is the way in which an author exerts control over this function by grouping certain works (for example, scholarly pieces) under one name and other works (for example, mystery novels) under a different …

The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy

Faculty Publications

No abstract provided.

Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee

Faculty Publications

Response to David Nimmer's article "Authorship and Originality."

On The Author Effect: Recovering Collectivity, Martha Woodmansee

Faculty Publications

No abstract provided.