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2018

Intellectual Property Law

Selected Works

Copyright

Articles 1 - 5 of 5

Full-Text Articles in Law

Trips Enforcement And Developing Countries, Peter K. Yu Nov 2018

Trips Enforcement And Developing Countries, Peter K. Yu

Peter K. Yu

No abstract provided.


A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon Jun 2018

A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon

Randy D. Gordon

Over 20 years ago, the United States brought its copyright law into sync with international norms through the adoption of the Berne Convention. As a result, copyright notice is no longer a prerequisite to copyright protection. But because Congress implemented the Berne Convention through amendments to the (rather than adoption of a wholly new) Copyright Act, litigants have argued and at least some courts have held that certain works still must be noticed. This Article is concerned to rebut that contention.


Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig Jan 2018

Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig

Carys Craig

Dance may be one of the world’s oldest art forms, but it is a relatively recent entrant into the sphere of copyright law—and remains something of an afterthought amongst copyright lawyers and scholars alike. For copyright scholars, at least, that should change with the publication of Anthea Kraut’s CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE. Kraut performs a fascinating exploration of the evolution of choreographic copyright—sweeping, political, polemical—that should leave no one in doubt as to the normative significance of choreography as a subject matter of copyright law and policy. Nor should doubt remain as to …


Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys Craig Jan 2018

Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys Craig

Carys Craig

Around the world, the focus of copyright policy reform debates is shifting from the protection of copyright owners’ rights towards defining their appropriate limits. There is, however, a great deal of confusion about the legal ontology of copyright “limits,” “exceptions,” “exemptions,” “defenses,” and “user rights.” While the choice of terminology may seem to be a matter of mere semantics, how we describe and conceptualize lawful uses within our copyright system has a direct bearing on how we delimit and define the scope of the owner’s control. Taking seriously the role of rhetoric in shaping law and policy, this Paper critically …


Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais Dec 2017

Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais

Daniel J Gervais

This article offers a normative analysis of key blockchain technology concepts from the
perspective of copyright law. Some features of blockchain technologies—scarcity, trust,
transparency, decentralized public records and smart contracts—seem to make this
technology compatible with the fundamentals of copyright. Authors can publish works
on blockchain creating a quasi-immutable record of initial ownership, and encode
‘smart’ contracts to license the use of works. Remuneration may happen on online distribution
platforms where the smart contracts reside. In theory, such an automated
setup allows for the private ordering of copyright. Blockchain technology, like Digital
Rights Management 20 years ago, is thus presented …