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Articles 1 - 28 of 28

Full-Text Articles in Law

Copyright--My Story: A One-Woman Play, Corey Field Nov 2016

Copyright--My Story: A One-Woman Play, Corey Field

Journal of Intellectual Property Law

No abstract provided.


Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro Sep 2016

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Journal of Intellectual Property Law

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley Apr 2016

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards Apr 2016

The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards

Journal of Intellectual Property Law

No abstract provided.


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr Apr 2016

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega Apr 2016

How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega

Journal of Intellectual Property Law

No abstract provided.


Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle Apr 2016

Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle

Journal of Intellectual Property Law

No abstract provided.


The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen Apr 2016

The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen

Journal of Intellectual Property Law

No abstract provided.


Folsom V. Marsh And Its Legacy, L. Ray Patterson Apr 2016

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


The Music On Hold Case, Melissa De Zwart Apr 2016

The Music On Hold Case, Melissa De Zwart

Journal of Intellectual Property Law

No abstract provided.


A Response To Mr. Y'Barbo's Reply, L. Ray Patterson Apr 2016

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Scenes From The Copyright Office, Brian L. Frye Apr 2016

Scenes From The Copyright Office, Brian L. Frye

Law Faculty Scholarly Articles

This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.


Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr. Mar 2016

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Journal of Intellectual Property Law

No abstract provided.


Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson Mar 2016

Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews Mar 2016

Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.


Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks Mar 2016

Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks

Journal of Intellectual Property Law

No abstract provided.


The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet Mar 2016

The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet

Journal of Intellectual Property Law

No abstract provided.


Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt Mar 2016

Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt

Journal of Intellectual Property Law

No abstract provided.


Fair Use And The New Transformative, Brian Sites Jan 2016

Fair Use And The New Transformative, Brian Sites

Faculty Scholarship

No abstract provided.


Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley Jan 2016

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley

Scholarly Works

The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that ...


Plagiarism Is Not A Crime, Brian L. Frye Jan 2016

Plagiarism Is Not A Crime, Brian L. Frye

Law Faculty Scholarly Articles

Copyright infringement and plagiarism are related but distinct concepts. Copyright prohibits certain uses of original works of authorship without permission. Plagiarism norms prohibit copying certain expressions, facts, and ideas without attribution. The prevailing theory of copyright is the economic theory, which holds that copyright is justified because it is economically efficient. This article considers whether academic plagiarism norms are economically efficient. It concludes that academic plagiarism norms prohibiting non-copyright infringing plagiarism are not efficient and should be ignored.


You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa Jan 2016

You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa

Brooklyn Law Review

The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click ...


The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan Jan 2016

The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan

Vanderbilt Journal of Transnational Law

Piracy and illegal downloading in the Internet age have been on the forefront of the intellectual property community's mind since the early 2000s. Websites such as The Pirate Bay are often labeled as being leaders in copyright infringement, giving users the ability to illegally download thousands of files. However, there are both jurisdictional and extradition issues with prosecuting the founders of these websites, because The Pirate Bay and many others like it are often based in other countries. Recently, the Stop Online Piracy Act and PROTECT IP Act have stirred up controversy, with many alleging that their international reach ...


Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens Jan 2016

Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens

NYLS Law Review

No abstract provided.


The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, Dave Fagundes Jan 2016

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, Dave Fagundes

Articles

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no economic harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-economic harms tend to stifle rather than encourage creative production. While much scholarship has critiqued copyright’s economic theory from the perspective of authors’ incentives to create, ours is the first to explore this issue from the perspective of owners’ motivations to sue for infringement. We turn to moral psychology, and in particular to ...


The Questionable Origins Of The Copyright Infringement Analysis, Shyamkrishna Balganesh Jan 2016

The Questionable Origins Of The Copyright Infringement Analysis, Shyamkrishna Balganesh

Faculty Scholarship

Central to modern copyright law is the test for determining infringement, famously developed by Judge Jerome Frank in the landmark case of Arnstein v. Porter. The “Arnstein test,” which courts continue to apply, demands that the analysis be divided into two components: actual copying – the question whether the defendant did in fact copy – and improper appropriation – the question whether such copying, if it did exist, was unlawful. Somewhat counterintuitively, though, the test treats both components as pure questions of fact, requiring that even the question of improper appropriation go to a jury. This jury-centric approach continues to influence modern copyright ...