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Full-Text Articles in Law

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison Nov 2008

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison

William & Mary Law Review

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …


Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann Jul 2008

Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann

Faculty Publications

No abstract provided.


The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer Jun 2008

The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer

Matthew Rimmer

“The Intellectual Property chapter locks in Australia and Chile’s current standards of intellectual property protection for patents, trademarks, geographical indications and copyright, including through appropriate enforcement mechanisms”Regulatory Impact Statement 2008“The public domain is of crucial importance for researchers, academics, teachers, artists, authors and enterprises, which require a rich base of content for their new creations, as well as for those institutions, the function of which is to preserve or disseminate knowledge, such as universities, research centers, libraries, information services, archives and museums.”Submission of the Government of Chile to the World Intellectual Property Organization.“We do not want our trade representatives to …


Warming Up To User-Generated Content, Edward Lee Jan 2008

Warming Up To User-Generated Content, Edward Lee

All Faculty Scholarship

The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …


Restricting Access To Books On The Internet: Some Unanticipated Effects Of Us Copyright Legislation, Paul A. David, Jared Rubin Jan 2008

Restricting Access To Books On The Internet: Some Unanticipated Effects Of Us Copyright Legislation, Paul A. David, Jared Rubin

Economics Faculty Articles and Research

It is today a commonplace observation that the technical possibilities of accessing enormous global resources of cultural and scientific information have been and are continuing to be greatly [...] One manifestation of the trend towards the strengthening of copyright protection that has been noticeable during the past two decades is the secular extension of the potential duration during which access to copyrightable materials remains legally restricted. Those restrictions carry clear implications for the current and prospective costs to readers seeking 'on-line' availability of the affected content in digital form, via the Internet. This paper undertakes to quantify one aspect of …


Introduction: The Future Of Patent Reform (Symposium), Edward Lee Dec 2007

Introduction: The Future Of Patent Reform (Symposium), Edward Lee

Edward Lee

No abstract provided.


Freedom Of The Press 2.0, Edward Lee Dec 2007

Freedom Of The Press 2.0, Edward Lee

Edward Lee

No abstract provided.


Warming Up To User-Generated Content, Edward Lee Dec 2007

Warming Up To User-Generated Content, Edward Lee

Edward Lee

The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …


Two-Factor Fair Use?, Joseph P. Liu Dec 2007

Two-Factor Fair Use?, Joseph P. Liu

Joseph P. Liu

This Article engages in a thought experiment. It asks whether fair use would be improved if courts gave exclusive consideration to only two of the four statutory factors: (1) the purpose and character of the use; and (2) the impact of the use on the market.6 In other words, fair use under this proposal would be converted from a contextual multi-factor test into a two-factor balancing test in which courts would expressly and directly weigh one consideration against another. The remaining two factors, i.e., the nature of the work and the amount used, would be eliminated from consideration or, alternatively, …