Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (3)
- User Generated Content (3)
- Web 2.0 (3)
- Bats (1)
- Best practices (1)
-
- Blog (1)
- Christianity (1)
- Civil rights (1)
- Contract v. Tort (1)
- Corporate Disregard (1)
- Corporate Groups (1)
- Creative Commons Licenses (1)
- Critical race theory (1)
- Derivative Works (1)
- Derogations (1)
- Derrick Bell (1)
- Digital Copyright Piracy (1)
- Digital Natives (1)
- Discrimination (1)
- European Union Database Directive (1)
- Fair Use (1)
- Fair use (1)
- Fraud/Misrepresentation (1)
- Habitats (1)
- Intellectual Property (1)
- Intellectual property (1)
- Internet (1)
- Law (1)
- Limited Liability (1)
- Montreal Convenbtion (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Articles
While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware of the existence of the records, they may be unaware of potential legal remedies, or unable to afford legal recourse. This paper concentrates on the ability of individuals to obtain legal redress for unauthorized use of audio, video and multi-media content that infringes their …
What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
Articles
Since the dawn of the information age, scholars have debated the viability of regulating cyberspace. Early on, Professor Lawrence Lessig suggested that “code is law” online. Lessig and others also examined the respective regulatory functions of laws, code, market forces, and social norms. In recent years, with the rise of Web 2.0 interactive technologies, norms have taken center-stage as a regulatory modality online. The advantages of norms are that they can develop quickly by the communities that seek to enforce them, and they are not bound by geography. However, to date there has been scant literature dealing in any detail …
Some Optimism About Fair Use And Copyright Law, Michael J. Madison
Some Optimism About Fair Use And Copyright Law, Michael J. Madison
Articles
This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Articles
Web 2.0 technologies, characterized by user-generated content, raise new challenges for copyright law. Online interactions involving reproductions of copyrighted works in blogs, online fan fiction, and online social networks do not comfortably fit existing copyright paradigms. It is unclear whether participants in Web 2.0 forums are creating derivative works, making legitimate fair uses of copyright works, or engaging in acts of digital copyright piracy and plagiarism. As online conduct becomes more interactive, copyright laws are less effective in creating clear signals about proscribed conduct. This article examines the application of copyright law to Web 2.0 technologies. It suggests that social …
Wikipedia And The European Union Database Directive, Jacqueline D. Lipton
Wikipedia And The European Union Database Directive, Jacqueline D. Lipton
Articles
“Web 2.0" and "User Generated Content (UGC)" are the new buzzwords in cyberspace. In recent years, law and policy makers have struggled to keep pace with the needs of digital natives in terms of online content control in the new participatory web culture. Much of the discourse about intellectual property rights in this context revolves around copyright law: for example, who owns copyright in works generated by multiple people, and what happens when these joint authored works borrow from existing copyright works in terms of derivative works rights and the fair use defense. Many works compiled by groups are subject …
Veil-Piercing, Peter B. Oh
Veil-Piercing, Peter B. Oh
Articles
From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder’s own assets has befuddled courts, litigants, and scholars alike. And the doctrine has been bedeviled by empirical evidence of a chasm between the theory and practice of veil-piercing; notably, veil-piercing claims inexplicably seem to prevail more often in Contract than Tort, a finding that flouts the engrained distinction between voluntary and involuntary creditors.
With a dataset of 2908 cases from 1658 to 2006 this study presents the most comprehensive portrait of veil-piercing …
The Montreal Convention And The Preemption Of Air Passenger Harm Claims, Marc Mcdonald
The Montreal Convention And The Preemption Of Air Passenger Harm Claims, Marc Mcdonald
Articles
The article examines the evolution and present state of the law governing the preemption of passenger claims for compensation for harm arising from international air travel under the Montreal and Warsaw Conventions
'Have We All Gone Bats?' - The Strict Protection Of Wildlife Under The Habitats Directive And Tourism Development: Some Lessons From Ireland, Marc Mcdonald
Articles
This article explores the impact of the legal protection of bats under EU wildilfe legislation on tourism development in Ireland.