Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (5)
- IP (5)
- Intellectual property (5)
- Copyright Act (2)
- Copyright infringement (2)
-
- Academic (1)
- Aesthetic (1)
- Authorship (1)
- Berne Convention (1)
- Billy Joel (1)
- Cinema (1)
- Competition (1)
- Consequentialist (1)
- Copyright office (1)
- Copyright protection (1)
- Deontological (1)
- Economic theory (1)
- Economic welfare (1)
- Efficiency (1)
- Expressions (1)
- Facts (1)
- Fair use (1)
- Film (1)
- Filmmaking (1)
- Found footage (1)
- Fraud (1)
- Ideas (1)
- Infringement (1)
- Joint work (1)
- Lemley (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Machiavellian Intellectual Property, Brian L. Frye
Machiavellian Intellectual Property, Brian L. Frye
Law Faculty Scholarly Articles
In his controversial essay, “Faith-Based Intellectual Property,” Mark Lemley argues that moral theories of intellectual property are wrong because they are based on faith, rather than evidence. This article suggests that Lemley’s argument is controversial at least in part because it explicitly acknowledges that consequentialist and deontological theories of intellectual property rely on incompatible normative premises: consequentialist theories hold that intellectual property is justified only if it increases social welfare; deontological theories hold that intellectual property is justified even if it decreases social welfare. According to Berlin, the genius of Machiavelli was to recognize that when two moral theories have …
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Law Faculty Scholarly Articles
While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use “transformativeness” inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works.
Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …
Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye
Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye
Law Faculty Popular Media
Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response.
It can be difficult to determine whether found footage is protected by copyright, who owns the …
Scenes From The Copyright Office, Brian L. Frye
Scenes From The Copyright Office, Brian L. Frye
Law Faculty Scholarly Articles
This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.
Copyright In Pantomime, Brian L. Frye
Copyright In Pantomime, Brian L. Frye
Law Faculty Scholarly Articles
Why does the Copyright Act specifically provide for the protection of “pantomimes”? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '“pantomimes” was forgotten. This Article argues that …
Plagiarism Is Not A Crime, Brian L. Frye
Plagiarism Is Not A Crime, Brian L. Frye
Law Faculty Scholarly Articles
Copyright infringement and plagiarism are related but distinct concepts. Copyright prohibits certain uses of original works of authorship without permission. Plagiarism norms prohibit copying certain expressions, facts, and ideas without attribution. The prevailing theory of copyright is the economic theory, which holds that copyright is justified because it is economically efficient. This article considers whether academic plagiarism norms are economically efficient. It concludes that academic plagiarism norms prohibiting non-copyright infringing plagiarism are not efficient and should be ignored.