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2001

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Full-Text Articles in Law

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder Dec 2001

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett Dec 2001

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack Oct 2001

Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack

Malla Pollack

Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included ...


Before That Artist Came Along, It Was Just A Bridge: The Visual Artists Rights Act And The Removal Of Site-Specific Artwork, Francesca Garson Oct 2001

Before That Artist Came Along, It Was Just A Bridge: The Visual Artists Rights Act And The Removal Of Site-Specific Artwork, Francesca Garson

Cornell Journal of Law and Public Policy

No abstract provided.


Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty Sep 2001

Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty

Jay Dougherty

Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.


Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew Jun 2001

Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew

Mark Bartholomew

No abstract provided.


Arresting Technology: An Essay, Ann Bartow May 2001

Arresting Technology: An Essay, Ann Bartow

Ann Bartow

This Essay considers the current trend of content owners using copyright laws (particularly the doctrine of contributory infringement) to "arrest technology," thereby burdening file sharing technologies with a duty to prevent unauthorized copying of copyrighted works in digital formats. The Author argues that copying is not necessarily theft, and that sharing music files (for example) shouldn't be treated by courts or lawmakers as if it was "the moral equivalent of looting." Instead, copyright owners should take responsibility for developing technological measures to minimize unauthorized copying, so that file trading technologies, themselves often copyrightable innovations, can flourish and copyright law ...


Community Property And The Copyright Act: Rodrigue's Recognition Of A Community Interest In Economic Benefits, Garth R. Backe May 2001

Community Property And The Copyright Act: Rodrigue's Recognition Of A Community Interest In Economic Benefits, Garth R. Backe

Louisiana Law Review

No abstract provided.


Law Reviews And Technology: Copyright Law From Noah Webster To Tasini And The Importance Of Written Contracts, Lynn Mclain Mar 2001

Law Reviews And Technology: Copyright Law From Noah Webster To Tasini And The Importance Of Written Contracts, Lynn Mclain

All Faculty Scholarship

This handout from a 2001 presentation for the National Conference of Law Reviews outlines the intersection between copyright and contract law, particularly as it pertains to authors assigning the copyright of law review articles to the journal publishing the article.


Open Source Software Licensing: Using Copyright Law To Encourage Free Use, Natasha T. Horne Mar 2001

Open Source Software Licensing: Using Copyright Law To Encourage Free Use, Natasha T. Horne

Georgia State University Law Review

No abstract provided.


Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais Jan 2001

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the ...


Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander Jan 2001

Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander

LLM Theses and Essays

The purpose of this thesis is to undertake a critical analysis of the Napster judgment and its treatment of the doctrine of fair use, to determine whether the doctrine can retain its integrity in the internet age. It is proposed that as technology advances, U.S. policymakers are moving away from the constitutional objectives of U.S. copyright law and are equating copyright interests with property rights, to the detriment of noncommercial users of copyrighted works. Further, it is suggested that the decision in the Napster litigation is important for the evolving landscape of U.S. copyright law, as it ...


Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy Jan 2001

Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy

Faculty Publications

No abstract provided.


Reforming The Protection Of Intellectual Property: The Case Of China And Taiwan In Light Of Wto Accession, Andy Y. Sun Jan 2001

Reforming The Protection Of Intellectual Property: The Case Of China And Taiwan In Light Of Wto Accession, Andy Y. Sun

Maryland Series in Contemporary Asian Studies

No abstract provided.


The United States Court Of Appeals For The Federal Circuit: The Promise And Perils Of A Court Of Limited Jurisdiction , Randall R. Rader Jan 2001

The United States Court Of Appeals For The Federal Circuit: The Promise And Perils Of A Court Of Limited Jurisdiction , Randall R. Rader

Marquette Intellectual Property Law Review

Honorable Randall Rader, of the United States Court of Appeals for the Federal Circuit discusses current criticisms of the Federal Circuit and the speed of which the Circuit sets precedent. Before addressing these issues, Judge Rader posits a belief that the standard by which the Circuit is being judged is incorrect. Judge Rader's speech gives a foundation by which a correct standard should be exacted, examples of the current atmosphere leading to the precedents being set, and generally addresses why the Federal Circuit is fundamentally unique from other jurisdictions.


Digital Copyright, By Jessica Litman , J. Ryan Miller Jan 2001

Digital Copyright, By Jessica Litman , J. Ryan Miller

Marquette Intellectual Property Law Review

Jessica Litman's book focuses on the Copyright Act, in relation to modern entertainment technology. For example, each time an image from the Internet is viewed through a personal computer, the viewer has reproduced the original image, because a computer's RAM makes a temporary copy in order to allow the image to be viewed. The entertainment industry's concern about potential copyright infringement resulted in the enactment of the Digital Millennium Copyright Act. Professor Litman provides a history of the negotiation and lobbying that created the Copyright Act of 1976, and then provides a commentary regarding Napster and the ...


Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg Jan 2001

Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg

Law Faculty Scholarly Articles

The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual ...


Give The Smaller Players A Chance: Shaping The Digital Economy Through Antitrust And Copyright Law, Douglas L. Rogers Jan 2001

Give The Smaller Players A Chance: Shaping The Digital Economy Through Antitrust And Copyright Law, Douglas L. Rogers

Marquette Intellectual Property Law Review

In this article, Mr. Rogers examines the tension in the digital world between the application of (a) antitrust law, which promotes competition and (b) copyright law, which limits competition in order to promote progress in science and art. He reviews the prohibitions against the exercise of monopoly power in section 2 of the Sherman Act (15 U.S.C.) and proposes a test for anti-competitive conduct that includes close scrutiny of the contract restrictions and marketing practices of those that have significant market power. Arguing that product design decisions are not immune from antitrust review, he proposes examining alleged efficiency ...


Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich Jan 2001

Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich

Marquette Intellectual Property Law Review

Jonathan Mezrich argues that as businesses become more dependent upon computer software, they will also seek a means of protection for their investment in the software they purchase. Currently, a popular means of protection is through source code escrow. However, despite the current popularity of escrow accounts, Mr. Mezrich writes that these mechanisms may in fact not actually be necessary. He focuses on several key points that demonstrate this point including the life of the protected software, infrequency of escrow releases, and the move to open source applications. He also examines deficiencies of confidentiality, limited liability and indemnity as they ...


"The Rich Man's Eight Track": Mp3 Files, Copyright Infringement, And Fair Use , Kathryn I. Mullen Jan 2001

"The Rich Man's Eight Track": Mp3 Files, Copyright Infringement, And Fair Use , Kathryn I. Mullen

Marquette Intellectual Property Law Review

An objective of copyright law is to promote creativity and the dissemination of ideas by granting artists, writers, and other creators of artistic works a limited monopoly in their works. MP3 files consist of a digital audio compression algorithm that makes an audio file smaller without reducing sound quality. One problem created by this technology is that when combined with the Internet, millions of people can simultaneously access, reproduce and distribute copyrighted works in digitized form without authorization. Under this premise, Ms. Mullen presents two case studies concerning MP3.com and Napster, in which she relates their various characteristics to ...


Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew Jan 2001

Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew

Journal Articles

Copyright law protects expressions of ideas, but not the idea itself. Legal disputes over characters arise in the continuum between an idea for a character that has not been expressed at all, and an idea that has been given complete form and shape. The inconsistent common law tests developed to assess character copyrightability demonstrate the difficulty in pinpointing where the dividing line between an undeveloped idea and a sufficiently expressed character should be set. This Article offers a new paradigm for determining character copyrightability, particularly in the case of characters shaped through live performance, that tracks the Hegelian concept of ...


Authorship, Dominance, And The Captive Collaborator: Preserving The Rights Of Joint Authors, Mary Lafrance Jan 2001

Authorship, Dominance, And The Captive Collaborator: Preserving The Rights Of Joint Authors, Mary Lafrance

Scholarly Works

For copyright purposes, determining whether a work has a single author or joint authors is important for a variety of reasons. Perhaps the most significant legal consequence of joint authorship is joint ownership, under which the authors enjoy equal and undivided ownership of the copyright, allowing each to exploit the work freely, subject to a duty to account to the others for a ratable share of the exploitation profits. Absent an agreement to the contrary, each author of a joint work has an equal claim to those profits and an equal right to exploit the work, even if the authors ...


Copyright Law And Price Discrimination, Michael Meurer Jan 2001

Copyright Law And Price Discrimination, Michael Meurer

Faculty Scholarship

I show that copyright law is intimately connected to price discrimination. First, price discrimination is common in markets for copyrighted works. Second, many features of copyright law affect resale or personal arbitrage and so influence the profitability of price discrimination. For example, the first sale doctrine and the fair use doctrine often facilitate arbitrage and discourage discrimination, while the derivative and public performance rights impede arbitrage and promote discrimination. Third, optimal copyright policy requires attention to the social costs and benefits from price discrimination.

I use models of price discrimination to unify the analysis of a wide range of copyright ...


A Primer On Open Source Licensing Legal Issues: Copyright, Copyleft And Copyfuture, Dennis M. Kennedy Jan 2001

A Primer On Open Source Licensing Legal Issues: Copyright, Copyleft And Copyfuture, Dennis M. Kennedy

Saint Louis University Public Law Review

No abstract provided.


On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy Jan 2001

On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy

Law Faculty Scholarship

Copyrights, Trademarks and Patents make up most of the area of law known as Intellectual Property. Intellectual Property's importance in Electronic Commerce is difficult to overstate. The Internet has been defined as a global network of networks through which computers communicate by sending information in packets, and each network consists of computers connected by cables or wireless links. It is the Intellectual Property laws of Copyright, Trademark and Patents that are attempting to harmonize the effects that E-Commerce and the Internet have had on the individual's ability to access and use this information. It should be remembered that ...


The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer Jan 2001

The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer

Articles by Maurer Faculty

The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions ...


What's My Copy Right?, Michael J. Madison Jan 2001

What's My Copy Right?, Michael J. Madison

Articles

This piece consists of an early 21st century whimsy, a dialogue that borrows and blends history and humor to illustrate some puzzles of copyright law in the context of digital technology (with references to Folsom v. Marsh and Abbott & Costello).


Libraries In A Digital And Aggressively Copyrighted World: Retaining Patron Access Through Changing Technologies, Ann Bartow Dec 2000

Libraries In A Digital And Aggressively Copyrighted World: Retaining Patron Access Through Changing Technologies, Ann Bartow

Ann Bartow

This essay asks the reader to consider the effects that copyright laws and policies, when filtered through the digital prism and bundled with restrictive contract terms, will have on library patrons. It further implores the reader to consider the broad benefits to library patrons of a statutorily guaranteed right to library use of copyrighted materials in any form.


Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell Dec 2000

Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell

Tom W. Bell

Copyright law, originally excused as a necessary evil, threatens now to become an inescapable burden. Because state and common law rights seemed inadequate to protect expressive works from unrestricted copying, the Founders expressly authorized federal copyright legislation. Lawmakers have read that constitutional mandate liberally. Each new version of the Copyright Act has embodied longer, broader, and more powerful legal protections. Meanwhile, private initiatives have developed increasingly effective means of safeguarding copyrighted works. Alarmed that these dual trends benefit copyright owners at too great an expense to the public interest, many commentators argue that the Copyright Act should limit and preempt ...