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Articles 1 - 17 of 17
Full-Text Articles in Law
Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky
Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
Intellectual property systems all over the world are modeled on a one-size-fitsall principle. However important or unimportant, inventions and original works receive the same scope of protection, for the same period of time, backed by the same variety of legal remedies. Essentially, all intellectual property is equal under the law. This equality comes at a heavy price, however. The equality principle gives all creators access to the same remedies, even when those remedies create perverse litigation incentives. Moreover, society overpays for innovation through more monopoly losses than are strictly necessary to incentivize production. In this Article, we propose a solution …
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Pepperdine Dispute Resolution Law Journal
This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. …
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Golden Gate University Law Review
Despite the decreased circulation of traditional newspapers, celebrity gossip magazines continue to flourish in the publishing world. In June 2012, People Magazine reached a paid circulation of over 3.5 million copies, putting the publication at number nine on the top U.S. consumer magazines list for the first half of the year. Public demand for celebrity news and gossip is unwavering. With this popularity come problems - especially for those celebrities whose images end up supplying that high demand. In Monge v. Maya Magazines, Inc., the Ninth Circuit presided over a copyright battle between celebrities and a gossip magazine regarding fair …
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Touro Law Review
No abstract provided.
The Audience In Intellectual Property Infringement, Jeanne C. Fromer, Mark A. Lemley
The Audience In Intellectual Property Infringement, Jeanne C. Fromer, Mark A. Lemley
Michigan Law Review
Every intellectual property (“IP”) right has its own definition of infringement. In this Article, we suggest that this diversity of legal rules is largely traceable to differences in the audience in IP cases. Patent, trademark, copyright, and design patent each focus on a different person as the fulcrum for evaluating IP infringement. That patent law, for example, focuses on an expert audience while trademark looks to a consumer audience explains many of the differences in how patent and trademark cases are decided. Expert audiences are likely to evaluate infringement based on the technical similarity between the plaintiff’s and defendant’s works. …
The Digital Millennium Copyright Act And The Clash Between Authors And Innovators: The Need For A Legislative Amendment To The Safe Harbor Provisions, Jessica Di Palma
The Digital Millennium Copyright Act And The Clash Between Authors And Innovators: The Need For A Legislative Amendment To The Safe Harbor Provisions, Jessica Di Palma
Loyola of Los Angeles Law Review
The Digital Millennium Copyright Act of 1998 (DMCA) was enacted with the goal of bringing copyright law into the digital age. Through the DMCA, Congress attempted to balance the interests of what were considered to be the traditional copyright holders—musicians, film studios, record companies, and television networks—with those of Internet Service Providers (ISPs) by combining key digital copyright protections with a series of “safe harbor” protections for qualifying ISPs. Over the past decade, conflicting and convoluted judicial interpretations of the safe harbor provisions have resulted in unpredictable legal standards and a deep divide between traditional media and new technology. This …
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
University of Massachusetts Law Review
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Touro Law Review
No abstract provided.
Attack Of The Clones: Copyright Protection For Video Game Developers, Brian Casillas
Attack Of The Clones: Copyright Protection For Video Game Developers, Brian Casillas
Loyola of Los Angeles Entertainment Law Review
This comment focuses on the case Tetris Holding, LLC v. Xio Interactive, Inc. and uses it to explore how video game developers’ original innovations are protected under copyright law so as to fully restrict those wishing to “clone” these innovations for their own financial gain. The comment begins by outlining relevant copyright concepts and statutes, using case examples, and detailing the analytical framework courts use to evaluate claims asserted under copyright law. It then discusses the accommodations by both the video game industry as well as online marketplaces in order to protect original content from being cloned. After evaluating these …
Public Shaming In The Digital Age: Are Criminal Laws The Most Effective Means To Regulate Revenge Porn?, Luke Fiedler
Public Shaming In The Digital Age: Are Criminal Laws The Most Effective Means To Regulate Revenge Porn?, Luke Fiedler
Loyola of Los Angeles Entertainment Law Review
This Note attempts to develop an initial framework for best regulating the growing trend of online harassment known as “revenge porn.” Revenge porn is the act of widely disseminating via the Internet nude or otherwise explicit photos or videos that were produced and exchanged while two individuals shared an intimate encounter or relationship. Oftentimes revenge porn “attacks” occur out of spite or scorn felt by one of the individuals as a way to publically humiliate the other individual. This Note argues for copyright law as the ideal area of the law from which revenge porn can and should be regulated. …
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
Michigan Telecommunications & Technology Law Review
When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a …
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla
Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“You Never Got Me Down, Delay”: Petrella V. Metro-Goldwyn-Mayer, Inc. And The Availability Of Laches In Copyright Infringement Claims Brought Within The Statute Of Limitations, Daniel Sheerin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tarantino V. Gawker: The News, Hyperlinking, And Contributory Infringement Liability, Victoria Geronimo
Tarantino V. Gawker: The News, Hyperlinking, And Contributory Infringement Liability, Victoria Geronimo
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
While copyright infringement is a legal wrong, plagiarism is a breach of academic and market practices. However, few authors of literary works truly understand the difference between the two. Copyright law seeks to protect economic interests in an underlying work, while plagiarism—and in countries where moral rights are robust, associated legal rights—protect the integrity of the work and the author’s claim to the work. The digital age has refocused attention on the kinds of claims an author or copyright holder might make with respect to unauthorized uses of a literary work. The ease with which a digital work may be …