Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon
Scholarship Chronologically
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Receive-Only Satellite Earth Stations And Piracy Of The Airwaves, David Hasper
Receive-Only Satellite Earth Stations And Piracy Of The Airwaves, David Hasper
Notre Dame Law Review
No abstract provided.
Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller
Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller
Faculty Publications
No abstract provided.
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Northern Illinois University Law Review
This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …
The Fcc's Deregulation Of Cable Television: The Problem Of Unfair Competition And The 1976 Copyright Act, David Bowman
The Fcc's Deregulation Of Cable Television: The Problem Of Unfair Competition And The 1976 Copyright Act, David Bowman
Hofstra Law Review
No abstract provided.
The Limitation Of Copyright And Patents By The Rules For The Free Movement Of Goods In The European Common Market, Valentine Korah
The Limitation Of Copyright And Patents By The Rules For The Free Movement Of Goods In The European Common Market, Valentine Korah
Case Western Reserve Journal of International Law
No abstract provided.
Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See
Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See
Law Faculty Scholarship
Under the terms of section 24 of the Copyright Act of 1909, the death of Oscar Hammerstein in 1960 resulted in the "partnership" of Richard Rogers and (Mrs.) Oscar Hammerstein (and James and William Hammerstein, and Alice Hammerstein Mathias, his children-the latter two by a previous marriage), in the ownership of such works as Oklahoma, Carousel, and South Pacific. Oscar Hammerstein may have wanted it that way, but want it or not, he was powerless under the Copyright Act to change the arrangement. Numerous works are the product of the combined efforts of more than one author. Such joint authorship …
The Disclosure And Reproduction Of Copyrighted Agency Records Under The Freedom Of Information Act, Roy Seth Gordet
The Disclosure And Reproduction Of Copyrighted Agency Records Under The Freedom Of Information Act, Roy Seth Gordet
Santa Clara Law Review
No abstract provided.
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
Scholarship Chronologically
Gifts and gift exchanges can serve a combination of economic, personal, social, and humanitarian ends. This article explores how intellectual products are unusually capable of serving these ends through gift relations, and suggests ways in which the law can assist in this process.
Is Home Videotaping A Fair Use Of Copyrighted Programs? Univeral City Studios, Inc. V. Sony Corporation Of America, Howard S. Toland
Is Home Videotaping A Fair Use Of Copyrighted Programs? Univeral City Studios, Inc. V. Sony Corporation Of America, Howard S. Toland
Nova Law Review
On October 19, 1981, the United States Court of Appeals for the
Ninth Circuit held that private in-home television videotaping infringes
upon copyrights.
Copyright Protection For Short-Lived Works Of Art, Joan Infarinato
Copyright Protection For Short-Lived Works Of Art, Joan Infarinato
Fordham Law Review
No abstract provided.
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Faculty Scholarship
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Notes Re Betamax - 1982, Wendy J. Gordon
Notes Re Betamax - 1982, Wendy J. Gordon
Scholarship Chronologically
There's a lot of misunderstanding of by BX article. Some simplifying things: There are three types of "market failure" in copyright. The first inheres in the nonexhaustibil ity of the good; barring a right to post-dissemination control against copying, goods may be underproduced because potential users will refuse to pay for access, figuring they can get access to a friend's copy later for free or at lower cost than the creator would charoe. Thus. relying only o~ the physical control which lets i creato~ charge for the "first look", will (except where the look wont' make copying possible- the trade …
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …