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- Laura Quilter (16)
- Matthew Rimmer (4)
- Laura A. Heymann (3)
- Amanda B Cook (1)
- Benjamin Boroughf (1)
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- Carys Craig (1)
- Eric A. Engle (1)
- Graeme B. Dinwoodie (1)
- Jennifer M. Urban (1)
- Katrina Wu (1)
- Leslie A. Street (1)
- Michael Mattioli (1)
- Peter Jaszi (1)
- Prof. Ryan T. Holte (1)
- Raleigh Muns (1)
- Rebecca Tushnet (1)
- Reuven Ashtar (1)
- Sean Flynn (1)
- Sonia Katyal (1)
- Thomas C. Irvin (1)
- Warren Bartholomew CHIK (1)
- Yafit Lev-Aretz (1)
Articles 1 - 30 of 42
Full-Text Articles in Law
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Leslie A. Street
No abstract provided.
The Trademark/Copyright Divide, Laura A. Heymann
The Trademark/Copyright Divide, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Reasonable Appropriation And Reader Response, Laura A. Heymann
Reasonable Appropriation And Reader Response, Laura A. Heymann
Laura A. Heymann
Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”
In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and stating that the key to …
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys Craig
Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys Craig
Carys Craig
Around the world, the focus of copyright policy reform debates is shifting from the protection of copyright owners’ rights towards defining their appropriate limits. There is, however, a great deal of confusion about the legal ontology of copyright “limits,” “exceptions,” “exemptions,” “defenses,” and “user rights.” While the choice of terminology may seem to be a matter of mere semantics, how we describe and conceptualize lawful uses within our copyright system has a direct bearing on how we delimit and define the scope of the owner’s control. Taking seriously the role of rhetoric in shaping law and policy, this Paper critically …
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Sonia Katyal
No abstract provided.
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
Thomas C. Irvin
The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. The decision has justifiably been hailed as a victory for free speech and artistic creativity. But while the case is well known, the facts behind the case are not. Those facts show that the case should have been decided differently by every court that heard it. In short, the case came out wrong—wonderfully wrong. This article is the first in-depth review of Campbell v. Acuff-Rose since the decision was handed down nearly 20 years ago, and is the first to examine the musical …
Georgia State E-Reserves Case, Laura Quilter
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
Promulgating Knowledge And Managing Risk, Laura Quilter
Promulgating Knowledge And Managing Risk, Laura Quilter
Laura Quilter
No abstract provided.
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
Benjamin Boroughf
YouTube prides itself on its automatic copyright detection and filtering program known as Content ID because it goes beyond YouTube’s legal responsibilities under the Digital Millennium Copyright Act and because it allows copyright holders to control and profit from their content. However, Content ID is not the technological paragon YouTube and some scholars see it as. By relying on a system that automatically matches, blocks, and monetizes videos that allegedly contain any amount of infringing content, both YouTube and copyright holders have promoted a system that opposes the Copyright Act and YouTube’s goals of promoting creativity and protecting fair use. …
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Yafit Lev-Aretz
Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of a lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright of the rightholder or refrain from the use. As further creation is regularly impeded, the dearth of licensing greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress. Legal scholarship has submitted various recommendations in response to the licensing failure, homing …
Copyright For Academics (Comparative Literature Dept.), Laura Quilter
Copyright For Academics (Comparative Literature Dept.), Laura Quilter
Laura Quilter
No abstract provided.
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Recent Fair Use Cases, And Trends To Watch : Acrl Copyright Update, Laura Quilter
Recent Fair Use Cases, And Trends To Watch : Acrl Copyright Update, Laura Quilter
Laura Quilter
No abstract provided.
(Visual) Art And Copyright : Copyright In Nonprint Media, Laura Quilter
(Visual) Art And Copyright : Copyright In Nonprint Media, Laura Quilter
Laura Quilter
No abstract provided.
Copyright Futures In The Digital Humanities, Laura Quilter
Copyright Futures In The Digital Humanities, Laura Quilter
Laura Quilter
Digital humanities work raises questions around digitization, search, and non-consumptive uses of texts, as well as distribution and access. But traditional humanities work is also confronting copyright questions, simply in terms of publishing, using, and accessing humanities research. This discussion, facilitated by Laura Quilter, UMass Copyright and Information Policy Librarian, will address the issues raised in copyright litigation, particularly the Authors Guild v. HathiTrust case and the "digital humanities" amicus brief, and consider the possible Open Access future presented by the Open Library of Humanities and other initiatives.
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
Opting Out: Procedural Fair Use, Michael Mattioli
Opting Out: Procedural Fair Use, Michael Mattioli
Michael Mattioli
This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright's doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn't want their books scanned. Despite this measure, two major authors' groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract …
Copyright And Fair Use In Higher Education, Laura Quilter
Copyright And Fair Use In Higher Education, Laura Quilter
Laura Quilter
No abstract provided.
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
Matthew Rimmer
The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra’ …
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Laura Quilter
No abstract provided.
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Sean Flynn
This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalatingcopyright clearance requirements.
Copyright And Fair Use : An Introduction For Faculty, Laura Quilter
Copyright And Fair Use : An Introduction For Faculty, Laura Quilter
Laura Quilter
In this overview of copyright issues for faculty and researchers, we will discuss how copyright affects you: how to protect and get credit for your work, share what you want to share, and use others' work. Special attention will be given to both questions and problems with using other people's work -- relying on fair use, and asking for permission if it's not a fair use -- and the best ways to manage your own copyrights and licenses. Plenty of time for discussion and questions!
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda B. Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda B. Cook
Amanda B Cook
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to remember that in the common law …
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik
Warren Bartholomew CHIK
This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …
‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer
‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer
Matthew Rimmer
In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. …
Copyright Law And Mash-Ups: A Policy Paper, Matthew Rimmer
Copyright Law And Mash-Ups: A Policy Paper, Matthew Rimmer
Matthew Rimmer
This report provides an analysis of the cultural, policy and legal implications of ‘mash-ups’. This study provides a short history of mash-ups, explaining how the current ‘remixculture’ builds upon a range of creative antecedents and cultural traditions, which valorised appropriation, quotation, and transformation. It provides modern examples of mash-ups, such as sound recordings, musical works, film and artistic works, focusing on works seen on You Tube and other online applications. In particular, it considers -* Literary mash-ups of canonical texts, including Pride and Prejudice and Zombies, The Wind Done Gone, After the Rain, and 60 Years Later;* Artistic mash-ups, highlighting …
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
Laura Quilter
No abstract provided.
Theft, Transformation, And The Need Of The Immaterial: A Proposal For A Fair Use Digital Sampling Regime, Reuven Ashtar
Theft, Transformation, And The Need Of The Immaterial: A Proposal For A Fair Use Digital Sampling Regime, Reuven Ashtar
Reuven Ashtar
Theft, Transformation, and the Need of the Immaterial:
A Proposal for a Fair Use Digital Sampling Regime
ABSTRACT
At its inception, American copyright law had a clear purpose: to incentivize creativity. To this end, the Framers reluctantly granted monopolies to authors. This paper examines the extent to which their original intention has been forgotten, and their granting of monopolies abused, in contemporary practice. It does so through the examination of a specific case: that of sampling—the process of manipulating pre-existing sound recordings and incorporating them in one’s music. While licensing is an expensive and demanding process, imaginative unlicensed borrowing is …