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2012

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Copyright

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Institution
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Articles 1 - 30 of 55

Full-Text Articles in Law

Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh Dec 2012

Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh

Touro Law Review

No abstract provided.


The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese Dec 2012

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …


Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon Dec 2012

Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon

Touro Law Review

Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …


Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie Dec 2012

Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie

Touro Law Review

In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …


Access And The Public Domain, Randal C. Picker Dec 2012

Access And The Public Domain, Randal C. Picker

San Diego Law Review

[T]his Article sketches out the emerging public domain. Part III considers three conceptual questions for structuring use of the public domain, focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Part IV turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA, and the CFAA. Each of these matters for access to the public domain and for …


Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik Nov 2012

Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik

Pepperdine Law Review

No abstract provided.


Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier Nov 2012

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.


An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee Nov 2012

An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee

Pepperdine Law Review

No abstract provided.


As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch Oct 2012

As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch

Pepperdine Law Review

No abstract provided.


Beware Of The Highwayman On The Information Superhighway: A Balanced Proposal To Protect Copyrights Within The National Information Infrastructure, Chandra Gehri Spencer Oct 2012

Beware Of The Highwayman On The Information Superhighway: A Balanced Proposal To Protect Copyrights Within The National Information Infrastructure, Chandra Gehri Spencer

Pepperdine Law Review

No abstract provided.


Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones Oct 2012

Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones

Pepperdine Law Review

No abstract provided.


Gray Days Ahead?: The Impact Of Quality King Distributors, Inc. V. L'Anza Research International, Inc. , William Richelieu Oct 2012

Gray Days Ahead?: The Impact Of Quality King Distributors, Inc. V. L'Anza Research International, Inc. , William Richelieu

Pepperdine Law Review

No abstract provided.


The Termination Of Transfers Provision Of The 1976 Copyright Act: Is It Time To Alienate It Or Amend It?, Kathleen M. Bragg Oct 2012

The Termination Of Transfers Provision Of The 1976 Copyright Act: Is It Time To Alienate It Or Amend It?, Kathleen M. Bragg

Pepperdine Law Review

No abstract provided.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos Oct 2012

Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos

Intellectual Property Brief

No abstract provided.


Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li Oct 2012

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.


Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos Sep 2012

Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos

Intellectual Property Brief

No abstract provided.


If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison Jul 2012

If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison

Touro Law Review

No abstract provided.


Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm Jul 2012

Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm

Touro Law Review

No abstract provided.


Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter Jun 2012

Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter

Northern Illinois University Law Review

The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …


Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn May 2012

Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn

Pepperdine Law Review

No abstract provided.


Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri May 2012

Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri

University of Richmond Law Review

No abstract provided.


Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson Apr 2012

Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson

Intellectual Property Brief

No abstract provided.


Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey Apr 2012

Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey

Intellectual Property Brief

No abstract provided.


Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos Apr 2012

Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos

Intellectual Property Brief

No abstract provided.


Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton Apr 2012

Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton

Intellectual Property Brief

No abstract provided.


The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green Apr 2012

The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green

Intellectual Property Brief

No abstract provided.


Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar Apr 2012

Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar

Pace Intellectual Property, Sports & Entertainment Law Forum

The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.


Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle Apr 2012

Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle

Intellectual Property Brief

No abstract provided.