Law Commons^™

First Amendment Limits On Copyright, C. Edwin Baker

Vanderbilt Law Review

Although the tension between copyright and the First Amendment has long been noted and increasing numbers of First Amendment challenges to copyright have recently been filed, few scholarly commentaries have gone beyond relatively narrow attempts at doctrinal accommodation. Under the assumption either that existing copyright law fully accommodates First Amendment interests or that some balance is appropriate, commentators have avoided any principled exploration of the full force of First Amendment principles. This Essay aims to fill that gap. Rather than use mechanical doctrine to evaluate existing copyright law, this Essay begins with a theoretical approach to the First Amendment and …

The Electronic Jungle: The Application Of Intellectual Property Law To Distance Education, Jon Garon

Vanderbilt Journal of Entertainment & Technology Law

The tension between academic institutions as creators and consumers of intellectual property seems to be most directly felt in the new areas of distance education. Despite the significant opportunities to use new media to expand the reach of the classroom to an ever-growing body of students, concerns regarding copyright, trademark and defamation law continue to limit and dictate what schools attempt to do. These limitations are more directly felt by individual instructors, who must enforce appropriate usage policies for their students, create copyrighted materials and negotiate with their schools over the ownership of the valuable content created.

This Article has …

Book Publishing In The Age Of The E-Book, Nancy B. Vermylen

Vanderbilt Journal of Entertainment & Technology Law

Whatever role e-publishing is ultimately to assume in the publishing world, its emergence calls for the (re)evaluation of significant legal issues affecting the contractual relationship of authors and publishers. This Note identifies some of those issues, and where appropriate, suggests some tentative solutions. Part II of this Note sets e-publishing and the concerns it raises in context by providing a brief discussion of the traditional book publishing industry and the roles that publishing contracts and personal relationships play in that industry. Part III provides an introduction to the emerging world of e-publishing and e-books. Part IV discusses the legal issues …

The Peer-To-Peer Revolution: A Post-Napster Analysis Of The Rapidly Developing File Sharing Technology, Joseph A. Sifferd

Vanderbilt Journal of Entertainment & Technology Law

This Note will focus on A&M Records, Inc. v. Napster, Inc. and will include an analysis of copyright law applicable to the legality of the incipient peer-to-peer file-sharing technology. The first section provide a brief factual history and introduction to the Napster legal discussion. The second Section of this Note will include a survey of relevant copyright doctrines, followed by a discussion of the Ninth Circuit's analysis of these doctrines as applied to the facts presented in "Napster." Finally, I will address the future of the peer-to-peer phenomenon, including a review and analysis of different types of peer-to-peer networks that …

End Game: Ex Parte Seizure Process And The Battle Against Bootleggers, Lucas G. Paglia, Mark A. Rush

Vanderbilt Journal of Entertainment & Technology Law

This Article presents a broad overview of the exparte seizure process, what it is and how it can be deployed by trademark owners to shut down counterfeiters. It first discusses the general structure and mechanics of the TCA. It then proceeds to discuss some important areas of practical concern with respect to proceedings under the Act. The Article concludes by providing a hypothetical case study of the ex parte seizure process in action.