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Full-Text Articles in Law
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Mark P. Gergen
The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Jeffrey L Harrison
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary
Copyright Inside The Law Library, David Vaver
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Joshua Jeng
The line between ideas and expressions in copyright law has never been particularly clear. We want to protect what authors create so that they are motivated to create more, but we want broad concepts to remain free so that others may produce even more works. The distinction concept and an author's take on a concept has always been very difficult to define, even among legal scholars, and has largely remained misunderstood by the average author. However, as derivative works increase in prevalence and economic importance, the need for workable framework for understanding copyright that the lay author can understand is …
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Peter Menell
No abstract provided.
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Peter Menell
No abstract provided.
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Peter Menell
From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and the enterprises that distribute their works. And for almost as long as copyright has existed, there has been concern about creators getting the short end of the stick in their dealings with distributors. Since 1909, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, decades later, to recapture those same rights. After judicial interpretation of the 1909 Act frustrated this intent by upholding advance assignments of …
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Peter Menell
The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that `virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system ... .' Professor Epstein purports to validate what he calls the `carryover …
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
Margaret Ann Wilkinson
The concept of the "public domain" is a powerful rhetorical element in he policy debates involving intellectual property. But is it a stable and useful concept for analyzing information issues? Can the notion of the public domain and the concept of the information commons be separated? Is the notion of the public domain merely another way of expressing the public interest? This paper canvassed the literature, seeking a theoretically consistent definition for public domain that was equally applicable across the copyright, trademark and patent spheres. The analysis demonstrated that there is no such construct. The paper also reviews the findings …
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Locke Remixed ;-), Robert P. Merges
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
Robert P Merges
No abstract provided.
The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges
The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges
Robert P Merges
No abstract provided.
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
Pamela Samuelson
Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
Pamela Samuelson
The author examines the case for copyrighting computer programs in relation to the 1970 article “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,” by U.S. Supreme Court Justice Stephen Breyer. The number of programs registered with the Copyright office has reportedly bolstered Breyer's skepticism about such copyright. The risks posed by copyrighting programs were of concern to Breyer. Also assessed is the development of the software industry.
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Pamela Samuelson
No abstract provided.
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
Pamela Samuelson
Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Pamela Samuelson
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson
The Originality Standard For Literary Works Under U.S. Copyright Law, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The U.S. Digital Agenda At Wipo, Pamela Samuelson
The U.S. Digital Agenda At Wipo, Pamela Samuelson
Pamela Samuelson
No abstract provided.
A Preliminary Measure: Retroactive Copyright Term Reduction And The Takings Clause, Eugene V. Beliy
A Preliminary Measure: Retroactive Copyright Term Reduction And The Takings Clause, Eugene V. Beliy
Eugene V Beliy
The current duration of a copyright term under U.S. law is an astounding life of the author plus 70 years. This term length is a product of a series of retroactive extensions enacted by Congress. It is well settled that the term can be retroactively extended--but can it be retroactively reduced? Would Congress violate the Fifth Amendment Takings Clause if it retroactively reduced copyright term without providing just compensation? This paper argues that it would not. First, this paper frames the discussion by analyzing the policy behind Copyright Law and term length. Second, this paper identifies a potential Takings Clause …
Technological Neutrality: (Pre)Serving The Purposes Of Copyright Law, Carys J. Craig
Technological Neutrality: (Pre)Serving The Purposes Of Copyright Law, Carys J. Craig
Carys Craig
No abstract provided.
Locking Out Lawful Users: Fair Dealing And Anti-Circumvention In Bill C-32, Carys J. Craig
Locking Out Lawful Users: Fair Dealing And Anti-Circumvention In Bill C-32, Carys J. Craig
Carys Craig
This chapter examines the potential impact of the proposed fair dealing and anti-circumvention provisions in Canada’s most recent copyright reform bill, Bill C-32. I suggest that the minimal expansion of the fair dealing defence to cover “new” purposes, as well as the addition of a few new user exceptions, while welcome, is insufficient to ensure the breadth of user defences that the copyright balance demands. Moreover, the extensive protection of technological protection measures without any regard for lawful uses of copyright material has the potential to effectively eviscerate fair dealing in the digital age. Many acts permitted in relation to …
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig
Carys Craig
The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of "prescriptive parallelism" according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity …