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Articles 1 - 12 of 12

Full-Text Articles in Law

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng Dec 2008

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman Dec 2008

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison Oct 2008

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey Oct 2008

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro Jun 2008

“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann Jun 2008

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Making Circumstantial Proof Of Distribution Available, Robert Kasunic Jun 2008

Making Circumstantial Proof Of Distribution Available, Robert Kasunic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli Jun 2008

Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Mereology Of Digital Copyright, Dan L. Burk Mar 2008

The Mereology Of Digital Copyright, Dan L. Burk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski Jan 2008

The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8. The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and …


Pornography, Coercion, And Copyright Law 2.0, Ann Bartow Jan 2008

Pornography, Coercion, And Copyright Law 2.0, Ann Bartow

Law Faculty Scholarship

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …


Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow Jan 2008

Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow

Law Faculty Scholarship

As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."