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Full-Text Articles in Law

Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick Jul 2021

Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick

Journal of Intellectual Property Law

Under the Digital Millennium Copyright Act (DMCA), indirect theories of liability such as vicarious liability and contributory infringement have been inconsistently applied, leading the Copyright Office to recommend lowering the knowledge standard and increasing potential liability for Online Service Providers (OSPs). In this note, I will discuss the histories of vicarious liability and contributory infringement, which demonstrate that courts have correctly applied the standards under the DMCA. Further, through a case-study of Twitch, an up-and-coming streaming website, I will discuss how the proposed amendments drive against the policies underlying the indirect theories of liability and would destroy OSPs like Twitch ...


Design On Someone Else's Dime: The Profiteering Of Interior Designer's Works From A Lack Of Rights In The Modern Era, Kim Carlson Jul 2021

Design On Someone Else's Dime: The Profiteering Of Interior Designer's Works From A Lack Of Rights In The Modern Era, Kim Carlson

Journal of Intellectual Property Law

Rooms once viewed as utilitarian in nature- places to work in, sleep in, or cook in- have gone through a dramatic transformation. Now, people view these rooms as an outward reflection of their style. In the last few decades, people’s eagerness to renovate these rooms exploded. As a result, home designer shows soared in popularity, garnering millions of views. Consumers flocked to different media forms and stores in search of the latest paint and furniture trends. The heightened demand, coupled with prevailing social media marketing, forced interior designers to become innovative in creating and advertising their services. While the ...


Exit Stage, Enter Streaming: Copyright Of The Theatrical Stage Design Elements In A Changing Theater Industry, Mark Bailey Jul 2021

Exit Stage, Enter Streaming: Copyright Of The Theatrical Stage Design Elements In A Changing Theater Industry, Mark Bailey

Journal of Intellectual Property Law

Due to the pandemic, the entire theatre industry shut down nearly overnight in March of 2020. Thousands of talented professionals were out of work, costing individuals and the economy billions of dollars in the first month alone. Within a month of this industry wide halt, eighty theatres around the country began providing content to audiences around the country via streaming services. Streaming theatre fully took hold when Hamilton on Disney+ became the most widely watched piece of entertainment nationwide in the month of July. Within a few short months, an industry based completely around large gatherings shifted to a digital ...


America's Broken Copyright Law: How Marvel And Sony Sparked Public Debate Surrounding The United States' "Broken" Copyright Law And How Congress Can Prevent A Copyright Small Claims Court From Making It Worse, Izaak Horstemeier-Zrnich Jun 2021

America's Broken Copyright Law: How Marvel And Sony Sparked Public Debate Surrounding The United States' "Broken" Copyright Law And How Congress Can Prevent A Copyright Small Claims Court From Making It Worse, Izaak Horstemeier-Zrnich

Cleveland State Law Review

Following failed discussions between Marvel and Sony regarding the use of Spider-Man in the Marvel Cinematic Universe, comic fans were left curious as to how Spider-Man could remain outside of the public domain after decades of the character’s existence. The comic community came to realize that Marvel was restricted in the use of its own character because of the Sonny Bono Copyright Term Extension Act of 1998 and the Supreme Court’s decision in Eldred v. Ashcroft. This realization sparked an online conversation regarding the United States’ lengthy copyright terms, and what many refer to as a “broken” copyright ...


Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere May 2021

Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere

Joint PIJIP/TLS Research Paper Series

One of the core goals of South Africa’s Copyright Amendment Bill is to provide a right to fair remuneration for all authors and performers. This objective was motivated by the experiences of numerous famous South African creators who, despite their success in the creative industry, died as paupers. The problem that the Bill seeks to address is that the distributors of copyrighted work are dominated by multinational monopolies that are able to exact enormous concessions in their contracts with South African creators. Among the tools to address this problem in the Bill is a new right to a “fair ...


Political Fair Use, Cathay Y. N. Smith May 2021

Political Fair Use, Cathay Y. N. Smith

William & Mary Law Review

No abstract provided.


Intellectual Property For New Entrepreneurs, Michael Johnston Apr 2021

Intellectual Property For New Entrepreneurs, Michael Johnston

Honors Projects

Abstract – New entrepreneurs, regardless of age, encounter several barriers regarding intellectual property. My research posits that new entrepreneurs are burdened by both informational barriers and lack of resources. A data driven analysis of this problem produced an easy to comprehend guide targeted to new entrepreneurs. This paper presents a subjective guide for entrepreneurs that details patents, trademarks, copyrights, and licensing.


Retelling Copyright: The Contributions Of The Restatement Of Copyright Law, Jessica Silbey, Jeanne Fromer Apr 2021

Retelling Copyright: The Contributions Of The Restatement Of Copyright Law, Jessica Silbey, Jeanne Fromer

Faculty Scholarship

This Article was written for a special issue on the American Law Institute’s (ALI) Restatement of Copyright Law.

Since the American Law Institute (ALI) launched in the early twentieth century, its mission has been “the clarification and simplification of the law and its better adaptation to social needs ... [and] to secure the better administration of justice.” A principal way it has pursued that mission has been through its Restatements of Law project. By their nature, Restatements of Law reflect tensions between what it means to “restate” and reform the law. As the ALI has grown and the legal profession ...


The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger Apr 2021

The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not ...


Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter Apr 2021

Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.

Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state ...


What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law Mar 2021

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Kebutuhan Perluasan Doktrin Orisinalitas Dan Fiksasi Dalam Undang-Undang Hak Cipta Sebagai Perlindungan Kreativitas Anak Bangsa, Pratiwi Eka Sari Mar 2021

Kebutuhan Perluasan Doktrin Orisinalitas Dan Fiksasi Dalam Undang-Undang Hak Cipta Sebagai Perlindungan Kreativitas Anak Bangsa, Pratiwi Eka Sari

Dharmasisya

The concept that copyright deals solely with the form of embodiment or fixation of a work is one of the fundamental principles of copyright and is the most fundamental principle of copyright protection. In that principle it implies that fixation relates only to the embodiment of a created being and is not concerned with the matter of substance and regardless of (not limited to) the form or type of creation. However, the fixation arrangements in Article 1 number 13 of Law 28/2014 turn out to cover only works that are poured in the form of audio, visual and audiovisual ...


Logo Dipersimpangan Undang-Undang Hak Cipta Dan Undang-Undang Merek, Danthy Julinentie Mar 2021

Logo Dipersimpangan Undang-Undang Hak Cipta Dan Undang-Undang Merek, Danthy Julinentie

Dharmasisya

After the enactment of Law No. 28 of 2014 concerning the Copyright of trademark owners who have their own trademark of words and logos are unable to apply for intellectual property protection in the case of a registration / registration application where, if the logo is also a logo used in the protection of the mark, interpretation of the protection of a Work in the form of a logo against the concept of Copyright comparable to the concept of Brand Rights. This goal difference also differentiates the interests of claims of copyright and trademark infringement. In this case there is a ...


The Music Industry: Drowning In The Stream, Jonathan Croskrey Mar 2021

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.


The Right Of Copying Of Protected Works For Personal Use; The Fact And The Law: A Comparative Study., Samer Mahmoud Al-Dalalaa Mar 2021

The Right Of Copying Of Protected Works For Personal Use; The Fact And The Law: A Comparative Study., Samer Mahmoud Al-Dalalaa

Journal Sharia and Law

As the copyright legislations have been adopting Exceptions on the Financial Rights of copyright holders and related rights as a cornerstone of the cultural development in order to enable the public to exploit these works, especially when it becomes difficult to get these works in a traditional way, the misunderstanding of the personal copy for the most of the copyright corporation researchers created a gap between the reality of this copy and its justifications on one side, and the different practicing which might be justified by different means on the other side. Basically the legislation should be the mechanism which ...


The Internet Archive’S National Emergency Library: Is There An Emergency Fair Use Superpower?, Aaron Schwabach Mar 2021

The Internet Archive’S National Emergency Library: Is There An Emergency Fair Use Superpower?, Aaron Schwabach

Northwestern Journal of Technology and Intellectual Property

On March 24, 2020, the Internet Archive announced that it would create a National Emergency Library offering no-waitlist borrowing of all of the books in its collection. In effect, this allowed unlimited, if temporary, downloads of copyrighted works. The National Emergency Library was presented as a response to the current national and global public health crisis; however, nothing in either the Copyright Act, 17 U.S.C. § 108 or the aspirational documents of ControlledDigitalLending.org provides a legal basis for a library to lend out more copies of a work at one time than it actually owns. Nor does the ...


You Belong With Me: Recording Artists’ Fight For Ownership Of Their Masters, Ann Herman Mar 2021

You Belong With Me: Recording Artists’ Fight For Ownership Of Their Masters, Ann Herman

Northwestern Journal of Technology and Intellectual Property

Copyright law, governed by the Copyright Act, is based on utilitarian theory, which balances artists’ interests in ownership of theircreations with the public’s interest in accessing and enjoying such creations. Copyright law provides for rights for creators of sound recordings, which include master rights—the recording artist’s copyright in the recording. Taylor Swift has brought the concept of master rights into the forefront of pop culture. In June 2019, Swift’s masters—the original sound recordings of her songs—were sold, and she publicly aired her dissatisfaction with the sale, as well as with overall premise that artists ...


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Platform Liability Under Article 17 Of The Copyright In The Digital Single Market Directive, Automated Filtering And Fundamental Rights: An Impossible Match, Christophe Geiger, Bernd Justin Jütte Mar 2021

Platform Liability Under Article 17 Of The Copyright In The Digital Single Market Directive, Automated Filtering And Fundamental Rights: An Impossible Match, Christophe Geiger, Bernd Justin Jütte

Joint PIJIP/TLS Research Paper Series

The Directive on Copyright in the Digital Single Market (CDSM Directive) introduced a change of paradigm with regard to the liability of some platforms in the European Union. Under the safe harbour rules of the Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Although platform operators could be required to help enforce copyright infringements online by taking down infringing content, the E-commerce Directive also drew a very clear line that intermediaries could not be obliged to monitor all ...


The Extent To Which The Recitation Of The Holy Quran Is Protected According To The Law Of Copyright And Neighboring Rights And The Nature Of The Pertinent Right: Study Under The Jordanian And The Emirati Laws, Firas Kasassbeh Jan 2021

The Extent To Which The Recitation Of The Holy Quran Is Protected According To The Law Of Copyright And Neighboring Rights And The Nature Of The Pertinent Right: Study Under The Jordanian And The Emirati Laws, Firas Kasassbeh

Journal Sharia and Law

This study examines to which extent the reciting of the holy Quran is protected by the copyright and neighboring rights laws and the nature of the Quranic reader’s right according to Jordanian & UAE copyright laws. At the judicial and jurisprudential levels, this issue is still controversial. Such controversy may refer to the legislative ambiguity surrounding this issue, which agitates the debate over whether there is innovation in the recitation of the holy Quran.

The study showed that there is innovation in the recitation of the holy Quran. This innovation appears through the distinguished style of the recitation and the ...


Library Of Congress [Docket No. 2021-1] Announcement Of Copyright Public Modernization Committee, Carla D. Hayden Jan 2021

Library Of Congress [Docket No. 2021-1] Announcement Of Copyright Public Modernization Committee, Carla D. Hayden

Copyright, Fair Use, Scholarly Communication, etc.

Action: Notice of convening of IT modernization public stakeholder committee.

Summary: The Library of Congress is convening a public committee to enhance communication and provide a public forum for the technology-related aspects of the U.S. Copyright Office's modernization initiative. At this time, the Library is announcing that it will accept applications from qualified members of the public to serve on this committee. The scope of contributions made by the committee are limited to the specific topics set forth in this notice. Membership will be on a volunteer basis, with the expectation of in-person or virtual participation at two ...


From Blurred Lines To Blurred Law: An Assessment Of The Possible Implications Of "Williams V. Gaye" In Copyright Law, Hannah Patton Jan 2021

From Blurred Lines To Blurred Law: An Assessment Of The Possible Implications Of "Williams V. Gaye" In Copyright Law, Hannah Patton

Journal of Intellectual Property Law

In December 2018, panic spread throughout the music industry in light of headlines reporting that the Ninth Circuit Court of Appeals upheld the lower court’s verdict that the 2013 hit song “Blurred Lines” by Robin Thicke and Pharrell Williams infringed Marvin Gaye’s “Got to Give it Up,” released in 1977. In addition to the tremendous $5.3 million award ordered for the Gaye estate, the Blurred Lines Case resulted in fear that the holding could create precedent for allowing the “style” or “groove” of a song to be considered subject to copyright. Since then, industry insiders, lawyers, and ...


John Hemings' Monticello And Poplar Forest, J. Wesley Giglio Jan 2021

John Hemings' Monticello And Poplar Forest, J. Wesley Giglio

Journal of Intellectual Property Law

A discussion of John Hemings' creative architectural contributions to Monticello and Poplar Forest, Thomas Jefferson's Virginia Estates. Author argues that Hemings, an enslaved person and a master carpenter, made vital and creative contributions to the building of the two estates which merit legal recognition. Author discusses how legal ideas about moral rights and statutory protections in the Architectural Works Copyright Protection Act could be adapted to cure a historica and representative injustice.


The Best Laid Plans: How Dmca Sec. 1201 Went Awry, Smothering Competition And Creating Giants,And Where We Go Now, Tyler Fabbri Jan 2021

The Best Laid Plans: How Dmca Sec. 1201 Went Awry, Smothering Competition And Creating Giants,And Where We Go Now, Tyler Fabbri

Journal of Intellectual Property Law

In 1998, Congress passed the Digital Millennium Copyright Act with the express intention of protecting the intellectual property of copyright holders from the growing threats of digital piracy and information sharing brought about by an increasingly digital society.

Among the law’s many provisions is §1201, which works to prohibit circumnavigation of digital protections copyright holders may put on protected works—in essence, innovators or competitors would be unable to develop technology or programs to bypass security measures put into place by primary creators. While this provision seems facially reasonable, it has effectively served as a means to quash adversarial ...


Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu Jan 2021

Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu

Journal of Intellectual Property Law

Copyright infringement is a widespread phenomenon that produces massive financial losses to stakeholders. Based on an extensive examination of damage awards in copyright infringement cases from the United States, Canada, Singapore, and Italy, this article proposes a comprehensive cross-jurisdictional analysis. The analysis regards types, factors, methodologies, and arguments. This article's findings can be used to adjust the provisions regarding damage awards, to improve the litigation of such cases, to elaborate educational materials, for professional programs or law school clinics, and to develop better prevention policies. The proposed improvements could lead to a more unified approach to damage awards, increase ...


The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald Jan 2021

The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald

Journal of Intellectual Property Law

No abstract provided.


Pgs, I Love You: Rebuilding Copyright For Architecturally-Situated Pictorial, Graphic, And Sculptural Works, Llewellyn Kittredge Shamamian Jan 2021

Pgs, I Love You: Rebuilding Copyright For Architecturally-Situated Pictorial, Graphic, And Sculptural Works, Llewellyn Kittredge Shamamian

Washington and Lee Law Review Online

Over twenty years ago, in Leicester v. Warner Bros., the Ninth Circuit limited copyright protection for a certain sculptural complex located within a downtown Los Angeles high‑rise. The court determined that the sculpture, otherwise protected from pictorial reproduction, could be visually replicated without infringing on the artist’s copyright because it was part of its architectural context.

This Note explores two recent copyright cases where companies capitalized on painted street art, using the works as backdrops for social media advertising. The resulting litigation calls into question Leicester’s holding and the extent to which it may allow visual reproduction ...


Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson Jan 2021

Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson

Cybaris®

This paper provides information that may be useful to people seeking to acquire music licenses for their places of business and is primarily focused on licensing for food and drink establishments. However, other business types that use live or recorded music in their establishments may find the information useful as well. The purpose of this paper is to provide a brief history of copyright law, and an overview of music licensing to give business owners a better understanding of copyright as it relates to public performance.


Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green Jan 2021

Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green

Cybaris®

No abstract provided.


Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha Jan 2021

Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha

Fordham Intellectual Property, Media and Entertainment Law Journal

Creative communities often rely on social norms to regulate the production of creative content. Yet while an emerging body of literature has focused on isolated accounts of social norms operating in discrete, small-scale creative industries, no research to date has explored the social norms that pervade the world’s largest content microcosm—the sprawling video game community.

Now a veritable global phenomenon, the video game industry has recently grown to eclipse the music and motion picture industries. But despite its meteoric rise, the video game industry has provoked little attention from copyright scholars. This Article is the first to explore ...