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Articles 1 - 30 of 117
Full-Text Articles in Law
La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En la industria del libro 3.0, …
Authors, Copyright And The Digital Evolution, Francina Cantatore
Authors, Copyright And The Digital Evolution, Francina Cantatore
Francina Cantatore
Copyright law has been constantly evolving in response to economic demands, in an attempt to balance utilitarian principles with the changing times and technological advances. However, unprecedented advances in technology have challenged legislature globally and are having a disruptive effect on traditional publishing models and the copyright provisions that underpin them. It is in this uncharted terrain that authors and publishers find themselves, with the legislature adopting a reactive position, trying to deal with copyright infringement problems as they present themselves on the one hand, and accommodating public demand for access to creative works on the other. This article focuses …
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Severine Dusollier
The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, …
L’Évolution À L’Ère Du Numérique : Un Nouveau Rôle Pour Les Créateurs, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
L’Évolution À L’Ère Du Numérique : Un Nouveau Rôle Pour Les Créateurs, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …
Cambio De Perspectiva: El Nuevo Papel De Los Creadores En El Entorno Digital, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Cambio De Perspectiva: El Nuevo Papel De Los Creadores En El Entorno Digital, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Copyright Developments In 2012 (Version 1.1), Laura Quilter
Laura Quilter
No abstract provided.
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Peter Jaszi
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Peter Jaszi
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.
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
Michael W. Carroll
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …
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 Fee Shifting: A Proposal To Promote Fair Use And Fair Licensing, Ben Depoorter
Copyright Fee Shifting: A Proposal To Promote Fair Use And Fair Licensing, Ben Depoorter
Ben Depoorter
The fair use doctrine seeks to facilitate socially optimal uses of copyrighted material. As a practical matter, however, cumulative creators, such as documentary filmmakers and many contemporary musicians, are often reluctant to rely on the fair use doctrine because of its inherent uncertainty, the potentially harsh remedies for copyright infringement, and the practical inability to obtain effective pre-clearance rights. Moreover, copyright owners have no obligation under existing law to respond to a cumulative creator’s inquiry. Thus, a familiar refrain in professional creative communities is “if in doubt, leave it out.” In this Article we propose a novel mechanism that would …
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
Jarrod Tudor
The European Union is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the European Union and the intellectual property law of the member-states. The Court of Justice of the European Union has been faced with dozens of complex cases arising out of conflicts between the national law of the member-states and the Articles of the Treaty on European Union that mandate the free movement of …
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 …
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
David Snyder
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and …
Managing Content In Virtual Environments: From Music To Machinima, Tamiko R. Franklin
Managing Content In Virtual Environments: From Music To Machinima, Tamiko R. Franklin
Tamiko R Franklin
Developing an effective rights management strategy in virtual environments requires a close review of current case law especially with respect to ongoing clarifications of mentioned statutory provisions under copyright laws. It is also helpful to be aware of the peculiarities that involve copyright protected content created for use in virtual spaces such as issues involving publication and making available across multiple jurisdictions. There are differences in international systems of protection that affect the intellectual property rights in content; particularly so if the content in question is a work of visual art like a photograph or digital representation of a painting, …
Time Shifting In A Networked Digital World: Optus Tv Now And Copyright In The Cloud, Sampsung Xiaoxiang Shi
Time Shifting In A Networked Digital World: Optus Tv Now And Copyright In The Cloud, Sampsung Xiaoxiang Shi
xiaoxiang shi
This article examines copyright principles applied in a recent Australian case concerning the legality of a consumer cloud computing service - “TV Now” - a free to air TV recording service based on the Internet. It enabled a subscriber to record a TV broadcast and then watch the broadcast later at a more convenient time. Similar decisions made by the courts in Singapore and the United States have also been considered. The ultimate purpose of this article is to explore how copyright law has been struggling to adapte to cope with the advent of new technologies for time shifting of …
Fair Use Challenges In Academic And Research Libraries, Peter Jaszi
Fair Use Challenges In Academic And Research Libraries, Peter Jaszi
Peter Jaszi
Academic and research libraries are key players in the generation and propagation of knowledge in the U.S., and their interpretation of the balancing features of copyright is critical to the quality of research, teaching, and learning they support. Approaches and methods for research, teaching, and learning are changing rapidly with opportunities presented by digitization and Internet communication. Academic and research librarians need and use the balancing features of copyright—including exemptions listed in Sections 108 and 110 of the Copyright Act, as well as fair use (codified in Section 107)—in order to accomplish the routine tasks of their profession. This report …
Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi
Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi
Peter Jaszi
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 film making posed by escalating copyright clearance requirements.
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Peter Jaszi
Until the release of these best practices, anyone uploading a video ran the risk of becoming inadvertently entangled in an industry skirmish, as media companies struggle to keep their programs from circulating on the internet. This document is a code of best practices created by a collaborative team of media scholars and lawyers, to help creators, online providers, copyright holders, and others interested in the making of online video, interpret the copyright doctrine of fair use in online video. The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain …
Copyright Lawmaking And The Public Choice: From Legislative Battles To Private Ordering, Yafit Lev-Aretz
Copyright Lawmaking And The Public Choice: From Legislative Battles To Private Ordering, Yafit Lev-Aretz
Yafit Lev-Aretz
On January 18th, 2012, the Web went dark in the largest online protest in history. Two anti-piracy Bills – The Stop Online Piracy Act (SOPA) and The Protect IP Act (PIPA) – attracted waves of opposition from the Internet community, which culminated on January 18th into an unprecedented 24-hour Web strike, followed by a decision to shelve the Bills indefinitely. This Article argues that the SOPA/PIPA protest created a new political reality in copyright lawmaking, with the tech industry becoming a very influential actor on the one hand, and social networks lowering mobilization costs of individual users on the other …
Intellectual Property Wrongs, Robin Feldman
Intellectual Property Wrongs, Robin Feldman
Robin C Feldman
Intellectual property has become a pervasive presence in society. Seeping into every nook and cranny of American life, intellectual property casts a protective haze over everything from the words of an email to the sequence of genes. Increasingly, these rights are being pressed into the service of schemes that have little to do with the advancement of societal goals and much to do with societal waste. What do we, as a society, do when the rights that we have created with such lofty goals and noble heart are diverted toward less admirable pursuits, that is, when IP rights become the …
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
John F. Blevins
This article examines the role that legal uncertainty plays as a copyright enforcement mechanism against Internet platforms. In recent years, Internet platforms have faced a new wave of copyright enforcement actions arising from their users’ activity. These actions include both civil secondary liability claims and public enforcement actions such as domain name seizures and criminal prosecution. Critically, copyright owners and the government do not necessarily need to prevail in these actions. Instead, the proceedings can be effective so long as they impose sufficient costs upon Internet platforms. In this respect, prevailing is less important than obtaining statutory and doctrinal constructions …
The New News: Challenges Of Monetization, Engagement, And Protection Of News Organizations' Online Content, Christine Katherine Lesicko
The New News: Challenges Of Monetization, Engagement, And Protection Of News Organizations' Online Content, Christine Katherine Lesicko
Christine K Lesicko
As news organizations continue to struggle with their business models and ways to best employ new technology, advertising and subscription revenues continue to fall or remain stagnant and layoffs continue to rise. This study examines potential ways for news organizations to both protect their content from unwanted piracy and monetize content in order to continue to produce quality and timely news. This paper explores the history of news and protections given to news content by Congress and the courts. The study goes on to examine court cases that influenced the current legal landscape of content protection for news organizations. The …
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin
Mathias Klang
Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …
Outlawed Art: Finding A Home For Graffiti In Copyright Law, Nicole A. Grant
Outlawed Art: Finding A Home For Graffiti In Copyright Law, Nicole A. Grant
Nicole A Grant
An intractable tension exists between the existence of graffiti as iconoclastic youth expression and the emergence of its recognition as an art form, and the boundaries of American copyright law. As graffiti gains more traction in the mainstream art world, copyright law has come to frame much of the discussion surrounding the rights that stem from (and that are overlooked by) the creation of these works. While graffiti is heralded for its uniqueness, it also thrives in a culture of appropriation that encourages dialogue among graffiti artists, in addition to establishing as the norm the pilfering of everyday cultural referents …
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.
[Re]Mix And Mash: Toward A Copyright Home For Audio Mashups, Sydney S. Sanchez
[Re]Mix And Mash: Toward A Copyright Home For Audio Mashups, Sydney S. Sanchez
Sydney S Sanchez
We are no longer confined to the passive consumption of content, but are enabled and encouraged to participate in its creation. Emerging technologies allow us to interact with material by modifying it and adding our own contributions—this is the “remix” era. The challenge is developing a way to support the growth of the remix culture, and the goals of our copyright system. This paper addresses an aspect of this challenge presented by audio mashups, a relatively new and rapidly evolving genre of music involving the unauthorized sampling of preexisting works. The content industry’s fear of piracy has driven legislators to …
Ownership Of Design Ideas: Copyright Law And The Obligation Of Credit And Attribution In The Field Of Architecture In Kosovo, Luljeta Plakolli-Kasumi
Ownership Of Design Ideas: Copyright Law And The Obligation Of Credit And Attribution In The Field Of Architecture In Kosovo, Luljeta Plakolli-Kasumi
Luljeta Plakolli-Kasumi
The right to attribution is a form of moral rights granted to author’s of copyrighted works along with economic rights. Not all the countries protect moral rights of the authors. The concept is derived from the French law that claims for a correlation between the author and his creation. In jurisdictions where moral rights are not guaranteed by law, the question remains whether it is ethical for someone else to omit the mentioning of the author and subsequently give credit to the author for his/her piece of intellectual creation. The United States do not provide for moral rights of the …