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Full-Text Articles in Law
The Immorality Of Strict Liability In Copyright, Steven Hetcher
The Immorality Of Strict Liability In Copyright, Steven Hetcher
Marquette Intellectual Property Law Review
I will argue for a fundamental reconceptualization of liability for copyright infringement. Specifically, I will argue that the essentially unchallenged orthodoxy that copyright infringement is a strict liability tort is false. From the Supreme Court on down, it does not even appear to be questioned that copyright infringement applies a strict liability standard. Upon reflection, this is peculiar, given that this is anything but an innocuous doctrine. It is just the opposite; it is a doctrine that strongly favors copyright owners who may more easily prevail in infringement suits, as it will always be easier to establish strict liability as …
The End Of Ownership?, Donald F. Jankowski Ii
The End Of Ownership?, Donald F. Jankowski Ii
Marquette Intellectual Property Law Review
Imagine for a moment that you are in the market for a new car. You find a sports car that you like, talk with a salesperson and ultimately purchase a new automobile. This car is effectively the same as thousands of other cars. It is a copy. You were not under the impression that you were buying the rights to the design of the car or to reproduce the car to the exact specifications as your own copy. However, you believe that you can do with this car what you will. You can put bigger wheels on it, put stickers …
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Marquette Intellectual Property Law Review
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Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Marquette Intellectual Property Law Review
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Copyrightable Works In The Undergraduate Student Context: An Examination Of The Issues, Lisamarie A. Collins
Copyrightable Works In The Undergraduate Student Context: An Examination Of The Issues, Lisamarie A. Collins
Marquette Intellectual Property Law Review
None.