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A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
Pamela Samuelson
Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
Pamela Samuelson
The author examines the case for copyrighting computer programs in relation to the 1970 article “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,” by U.S. Supreme Court Justice Stephen Breyer. The number of programs registered with the Copyright office has reportedly bolstered Breyer's skepticism about such copyright. The risks posed by copyrighting programs were of concern to Breyer. Also assessed is the development of the software industry.
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Pamela Samuelson
No abstract provided.
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
Pamela Samuelson
Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Pamela Samuelson
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson
The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The U.S. Digital Agenda At Wipo, Pamela Samuelson
The U.S. Digital Agenda At Wipo, Pamela Samuelson
Pamela Samuelson
No abstract provided.