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Full-Text Articles in Law

Feeling Cute, Might [Have To] Delete Later: Defending Against The Modern Day Copyright Troll, Austin Joseph Jun 2020

Feeling Cute, Might [Have To] Delete Later: Defending Against The Modern Day Copyright Troll, Austin Joseph

Journal of Intellectual Property Law

The age-old clash between celebrities and paparazzi has reached a new high. With the trend moving towards the monetization of social media, evolution in mobile camera technology, and lighting-fast sharing capabilities, the need for paparazzi decreases with each year. Because paparazzi want to remain desirable, the infamous conduct of “copyright trolling” is sweeping the intellectual property scene. “Copyright trolling” is the act of searching social media and suing multiple celebrities when the celebrity post a photo of themselves without first paying the licensing fee. Within this year alone, multiple celebrities like Rebel Wilson, Ariana Grande, and Liam Hemsworth have been …


The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel Jan 2020

The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel

Journal of Intellectual Property Law

Alcohol isn't just a mind-altering drink: It has been a prime mover of human culture from the beginning, fueling the development of arts, language, and religion."' Alcohol production and consumption can be traced to civilizations dating back thousands of years all around the world, and it has become so essential to our society that experts have gone on to joke that humans should be called "Homo imbibens." Within the current alcohol industry, two essential qualities that are becoming more common are creativity and variety.

Alcohol has become a defining aspect of human culture and our sense of society. It has …


Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog Oct 2016

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog

Journal of Intellectual Property Law

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …


Machinima And Copyright Law, Matthew Brett Freedman Oct 2016

Machinima And Copyright Law, Matthew Brett Freedman

Journal of Intellectual Property Law

No abstract provided.


May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins Jun 2016

May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins

Journal of Intellectual Property Law

No abstract provided.


Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson Jun 2016

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.


The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway Jun 2016

The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway

Journal of Intellectual Property Law

No abstract provided.


The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews Jun 2016

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley Apr 2016

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


Folsom V. Marsh And Its Legacy, L. Ray Patterson Apr 2016

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


A Response To Mr. Y'Barbo's Reply, L. Ray Patterson Apr 2016

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo Apr 2016

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Journal of Intellectual Property Law

No abstract provided.


Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren Apr 2016

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Journal of Intellectual Property Law

No abstract provided.


File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut Apr 2016

File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut

Journal of Intellectual Property Law

No abstract provided.


Fair Use For Computer Programs And Other Copyrightable Works In Digital Form: The Implications Of Sony, Galoob And Sega, Pamela Samuelson Mar 2016

Fair Use For Computer Programs And Other Copyrightable Works In Digital Form: The Implications Of Sony, Galoob And Sega, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.


Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews Mar 2016

Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.


Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan Mar 2016

Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan

Journal of Intellectual Property Law

No abstract provided.


Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies Feb 2016

Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies

Journal of Intellectual Property Law

No abstract provided.


Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright Dec 2015

Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright

Journal of Intellectual Property Law

No abstract provided.


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

No abstract provided.