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.

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