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Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert Sep 2022

Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert

Akron Law Review

The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and ...


The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke Sep 2022

The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke

Indian Journal of Law and Technology

The responsibilities of copyright owners, specifically book publishers, should be construed from a human rights perspective. Building on the work of John Ruggie and his ‘Guiding Principles on Business and Human Rights,’ this paper contends that book publishers have a responsibility to respect human rights including the right to education. As it relates to copyright law, respecting the right to education entails respecting the measures that countries have incorporated into their national copyright laws to facilitate access to learning materials. Furthermore, corporate actors that own copyright in learning materials should not use litigation or the threat of litigation to try ...


The Proposed Treaty For The Protection Of Broadcasting Organizations: Old Wine In A New Bottle? Sep 2022

The Proposed Treaty For The Protection Of Broadcasting Organizations: Old Wine In A New Bottle?

Indian Journal of Law and Technology

This article analyses the proposed WIPO Treaty for Protection of Broadcasting Organizations (“Broadcast Treaty”) and argues that (a) The need for the Broadcast Treaty has not been fully established and b) even if there were such a need for the Broadcast Treaty (purportedly to help counter signal piracy), the proposed draft of the treaty deviates from this approach towards a ‘rights-based’ approach, creating a ‘paracopyright’ regime, potentially creating chilling effects on legitimate end uses of copyrightable material.


Fair Dealing Of Computer Programs In India Sep 2022

Fair Dealing Of Computer Programs In India

Indian Journal of Law and Technology

This essay analyses the amendments to the Copyright Act introduced in 1994 that dealt with fair dealing provisions for computer programs. The authors identify fair dealing as a user right rather than a defense right on the basis of judicial decisions on the point. They discuss the statutory exceptions to copyright for the purposes for which the program was supplied and to achieve inter-operability of a program. The authors also discuss the restrictions upon such fair dealing provisions, such as their accrual only to the lawful possessor of the program and their use solely for the purpose of achieving the ...


Beyond Copyright: Possible Solutions To An Internet Governance Regime Sep 2022

Beyond Copyright: Possible Solutions To An Internet Governance Regime

Indian Journal of Law and Technology

There has been much debate over the general proposal that IP law should be re-designed to suit the climate of cyberspace.However, in this paper, we propose that the very premise of IP law in general, and copyright in particular, as it stands on its own, is redundant for the regulation of the internet. Consequently, we propose two regulatory solutions that can complement the present copyright law regime through improved control over access to data spread over the internet, viz., the Creative Commons approach and the Tier Model for internet regulation.


Of Square Pegs And Round Holes: Towards A New Paradigm Of Database Protection Sep 2022

Of Square Pegs And Round Holes: Towards A New Paradigm Of Database Protection

Indian Journal of Law and Technology

This article looks at the question of the applicability of copyright law to the protection of databases. It features a detailed discussion of the EU Database Directive, which is the only comparable legal framework for the protection of databases. It then discusses some problems that the EU Directive encounters vis-à-vis public interest concerns, and outline why the EU Directive is unable to strike the right balance, both in principle and in practice. Next, it briefly studies database protection law as it exists in the United States, Australia, Canada and finally India, following which the need for protection of databases in ...


Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla Sep 2022

Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla

Indian Journal of Law and Technology

This essay analyses the judgment of the Division Bench of the Delhi High Court in the case of University of Oxford v. Rameshwari Photocopy Services3 from the perspective of fair use and the public domain, and the importance of the educational exceptions in contrast with the private property and trade-centric discourse of copyright. The essay is divided into five parts. After the introduction, the second chapter discusses the importance of commons in the core philosophy of copyright law, and how this has been subsumed by the private property discourse in the recent decades. The third chapter provides a brief summary ...


Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla Sep 2022

Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla

Indian Journal of Law and Technology

This essay analyses the judgment of the Division Bench of the Delhi High Court in the case of University of Oxford v. Rameshwari Photocopy Services3 from the perspective of fair use and the public domain, and the importance of the educational exceptions in contrast with the private property and trade-centric discourse of copyright. The essay is divided into five parts. After the introduction, the second chapter discusses the importance of commons in the core philosophy of copyright law, and how this has been subsumed by the private property discourse in the recent decades. The third chapter provides a brief summary ...


Trai Tariff Orders – Effect On Broadcasting Sector, Ameet B. Naik Sep 2022

Trai Tariff Orders – Effect On Broadcasting Sector, Ameet B. Naik

Indian Journal of Law and Technology

Tony Benn, the veteran British Labour politician, as the then Minister of Technology in 1968, made the statement in the context of journalism. However, in the current Indian current scenario, the quote measures true with respect to the entire broadcasting sector, with Telecom Regulatory Authority of India (TRAI) scampering to regulate the third largest broadcasting market in the world.2 The article deals with the impact of the TRAI Tariff Orders passed from time to time to regulate the broadcasting sector. The author acknowledges TRAI’s competence to fixing tariff, as has been judicially held,3 but questions the extent ...


A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing Sep 2022

A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing

Indian Journal of Law and Technology

India has emerged as one of the leading destinations for offshore outsourcing in the software industry and has attracted the attention of software industries of several countries including Germany. In order to sustain this outsourcing relationship, the legal frameworks of these countries play a very important role. In this article, the author conducts a comparative analysis of Indian and German laws that impact the software industry, mainly dealing with three fields: first, Copyright Law impacting the protection of intellectual rights over software; second, Contract Law specifically dealing with software contracts and nature of such transactions and, finally, the remedies available ...


Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor Sep 2022

Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor

Indian Journal of Law and Technology

Bollywood films are known for their songs, and in many cases Bollywood films are known because of the songs. It is not merely in Bollywood films that songs have a significant role, but also in the lives of myriad composers, lyricists, singers and so on, lending an opportunity for their creative expression in addition to serving as a means of livelihood. Ideally, it should be possible for composers to be able to earn an income by composing music for films, as well as by being a member of a collecting society in such a way as to maximize their returns ...


Limitations And Exceptions In The Digital Era, William Patry Sep 2022

Limitations And Exceptions In The Digital Era, William Patry

Indian Journal of Law and Technology

Ideological polarization has hijacked copyright debates, drowning out the question: how do we get our copyright laws to do what we want them to do? The term “limitations and exceptions” assumes that the ability to control all unauthorized uses is the norm. This special comment asserts that private rights should never trump public interest, and that our copyright laws must reflect this principle. Copyright law must be grounded in current technological and market conditions in order to accomplish its lofty objectives. Even as changes wrought by digital technology are at the core of most debates over copyright, there is a ...


A Collective Rights Society For The Digital Age, John Maloney Sep 2022

A Collective Rights Society For The Digital Age, John Maloney

Indian Journal of Law and Technology

Variations in digital copyright law in the international sphere have created unnecessary transaction costs to both consumers and producers who wish to transfer digital media efficiently. This article argues that the international community should create a collective rights organisation to bring uniformity, fairness, and efficiency to the process of transferring digital media and endeavours to construct the ideal model for such a collective rights organisation by describing a hypothetical collective rights organisation named PICRO (Possible International Collective Rights Organisation) and examining its operation using the example of digital music distribution. By illustrating the PICRO model in the light of current ...


Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh Sep 2022

Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh

Indian Journal of Law and Technology

Out of all the forms of protection given to innovation and creation, copy- right law is the most versatile. This law encompasses recognition, protection and enforcement of rights for a very large variety of creative works including traditional forms of works such as books, articles, poetry, lyrics of songs, paintings, musical compositions, sculpture, architecture, script in a drama or a film, to modern forms of copyrighted works such as computer software, databases, compilations, broadcasts etc. Protection for copyright finds its justification in fair play. The law strikes a fine balance between the rights and interests of authors/owners of copyright ...


Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath Sep 2022

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath

Indian Journal of Law and Technology

The rise of digitally supplied content has created several ambiguities regarding the treatment of such content as goods or services. The shift in the medium of delivery from physical objects to digital formats has raised several questions in the realm of copyright law. The concepts of exhaustion and first sale, the interpretation of which in the Indian context is already arguably confused, now face additional uncertainties and ambiguities. This paper seeks to identify questions that arise in the field of copyright law due to the emergence of this new medium of delivery, such as whether the circulation of digital content ...


Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang Sep 2022

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang

Indian Journal of Law and Technology

This article seeks to introduce the complex world of open-content licences against the backdrop of the massive expansion of copyright in recent years and the increasing threat posed by copyright licences to the world of cultural production. The world of open content has been inspired by the free software movement and hence this article begins with an overview of the conceptual challenges posed to copyright by free software movement. It then moves into an analysis of the ways in which the terms of free software may be understood for the purposes of cultural production and what such a translation may ...


The Politics Of Pirates: Jonas Andersson Schwarz’S “Online File Sharing”, Gautam Bhatia Sep 2022

The Politics Of Pirates: Jonas Andersson Schwarz’S “Online File Sharing”, Gautam Bhatia

Indian Journal of Law and Technology

The international debate over file-sharing is defined by polarities. Some view this conflict as a battle for internet openness against the efforts of the film and music industry to bring about a second Enclosure Movement, this time against the worldwide digital commons. Others, however, consider it to be a legitimate law-enforcement operation against wilful facilitators of large-scale copyright infringement. In his book, Online File Sharing, published in early 2014, Jonas Andersson Schwarz argues that this dichotomy is a deeply flawed way of understanding the file-sharing dispute. Using tools from critical theory and political philosophy, Schwarz aims to break down the ...


Are Cryptopunks Copyrightable?, Brian L. Frye Aug 2022

Are Cryptopunks Copyrightable?, Brian L. Frye

Pepperdine Law Review

Larva Labs’ CryptoPunks NFTs are iconic. Created in 2017, they were among the first NFTs on the Ethereum blockchain. Four years later, they are among the most valuable, selling for anywhere from $200,000 to millions of dollars. The CryptoPunks collection consists of 10,000 NFTs, each of which is associated with a unique CryptoPunks image. Everyone knows who owns each CryptoPunks NFT. The Ethereum blockchain provides indelible proof. But people disagree about who owns - and who should own - the copyright in the CryptoPunks images. Most CryptoPunks NFT owners believe they should own the copyright in the image associated with ...


Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann Jul 2022

Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann

Briefs

No abstract provided.


Copyright Protection For Works In The Language Of Life, Nina Srejovic Jun 2022

Copyright Protection For Works In The Language Of Life, Nina Srejovic

IPIPC Papers & Reports

In 2001, the DNA Copyright Institute sought to capitalize on the fear of human cloning by offering celebrities the opportunity to use copyright to secure exclusive rights in their DNA. At the time, a Copyright Office spokesperson pointed out that a person’s DNA “is not an original work of authorship.” That statement is no longer self-evident. A scientist claims to have used CRISPR technology to create a pair of twin girls with human-altered DNA that may provide immunity to HIV infection and improved cognitive function. Through gene therapy, doctors can “author” changes to patients’ DNA to cure disease. Scientists ...


Copyright Page, Georgia State University Law Review Jun 2022

Copyright Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova May 2022

"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova

Pepperdine Dispute Resolution Law Journal

Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide ...


“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross May 2022

“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross

University of Miami Business Law Review

The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with ...


Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly May 2022

Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly

Journal of Intellectual Property Law

The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the ...


The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell May 2022

The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell

Theses and Dissertations

Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.


Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo May 2022

Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo

Joint PIJIP/TLS Research Paper Series

This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to ...


Resisting Face Surveillance With Copyright Law, Amanda Levendowski May 2022

Resisting Face Surveillance With Copyright Law, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Face surveillance is animated by deep-rooted demographic and deployment biases that endanger marginalized communities and threaten the privacy of all. But current approaches have not prevented its adoption by law enforcement. Some companies have offered voluntary moratoria on selling the technology, leaving many others to fill in the gaps. Legislators have enacted regulatory oversight at the state and city levels, but a federal ban remains elusive. Both approaches require vast shifts in practical and political will, each with drawbacks. While we wait, face surveillance persists. This Article suggests a new possibility: face surveillance is fueled by unauthorized copies and reproductions ...


The Chinese Copyright Dream, Sean A. Pager, Eric Priest Apr 2022

The Chinese Copyright Dream, Sean A. Pager, Eric Priest

Pepperdine Law Review

Chinese President Xi Jinping’s vision of the “Chinese Dream” has captured the popular imagination. As a slogan, the Chinese Dream is intentionally broad. Intended to inspire rather than prescribe, it captures diverse aspirations including dreams of material prosperity, environmental sustainability, national rejuvenation, and global leadership. The Dream’s ramifications continue to ricochet through state policy echelons and lend themselves to competing interpretations. In that spirit, we advance a modest suggestion: that the Chinese Dream should be, at least in part, a dream about copyright law. A more effective copyright system would bolster China’s creative industries, generating a diverse ...


De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans Apr 2022

De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans

Pepperdine Law Review

In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination. To that end, I reference the considerable scholarship of Professor ...


The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu Apr 2022

The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu

Pepperdine Law Review

In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This Amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months before China joined the World Trade Organization. While U.S. policymakers and industry groups have had mixed reactions to the recent Amendment, the new law presents an opportunity to take stock of the progress China has made in the copyright reform process. This Article begins by mapping the long and winding ...