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Articles 1 - 30 of 74
Full-Text Articles in Law
Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp
Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp
Journal of Intellectual Property Law
Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely on performers to develop characters and shows. This reliance could prove to be an exploitative practice if performers do not receive additional compensation for their part in creating successful works. This Note first examines the meanings of authorship, fixation, and control under the Copyright Act of 1976, then widens its lens to consider alternate interpretations of these technical terms in light of an …
From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair
From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair
Journal of Intellectual Property Law
In 1996, Congress passed the Communications Decency Act, a body of legislation aimed at regulating a nascent internet. Section 230 of the Act has become a subject of contention on both sides of the political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived this immunity provision. But two successful cases, Lemmon v. Snap, Inc. and A.M. v. Omegle.com, LLC, have used a products liability theory to overcome the limitation.
This Note examines Section 230 in light of these …
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
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 …
Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick
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
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 increased …
Exit Stage, Enter Streaming: Copyright Of The Theatrical Stage Design Elements In A Changing Theater Industry, Mark Bailey
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 …
From Blurred Lines To Blurred Law: An Assessment Of The Possible Implications Of "Williams V. Gaye" In Copyright Law, Hannah Patton
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 commentators have feared …
John Hemings' Monticello And Poplar Forest, J. Wesley Giglio
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
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 interoperability.
Adversarial …
Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu
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 …
The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald
The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
Feeling Cute, Might [Have To] Delete Later: Defending Against The Modern Day Copyright Troll, Austin Joseph
Feeling Cute, Might [Have To] Delete Later: Defending Against The Modern Day Copyright Troll, Austin Joseph
Journal of Intellectual Property Law
The age-old clash between celebrities and paparazzi has reached a new high. With the trend moving towards the monetization of social media, evolution in mobile camera technology, and lighting-fast sharing capabilities, the need for paparazzi decreases with each year. Because paparazzi want to remain desirable, the infamous conduct of “copyright trolling” is sweeping the intellectual property scene. “Copyright trolling” is the act of searching social media and suing multiple celebrities when the celebrity post a photo of themselves without first paying the licensing fee. Within this year alone, multiple celebrities like Rebel Wilson, Ariana Grande, and Liam Hemsworth have been …
"You Got Too Much Dip On Your Chip!" How Stagnant Copyright Law Is Stifling Creativity, Taylor Bussey
"You Got Too Much Dip On Your Chip!" How Stagnant Copyright Law Is Stifling Creativity, Taylor Bussey
Journal of Intellectual Property Law
Over time, our concept of what qualifies as an author has changed–specifically with the dominance of the internet. Tangentially, our idea of what it means to be a joint author has changed. What once would have required physical proximity now can be accomplished via the internet in a matter of seconds. Authors from all around the globe can collaborate. Geographic limitations present virtually no constraint on the number of individuals that can contribute to a work. Human creativity, however, has remained the same. When creating, authors naturally draw on their human experience. Without tailoring modern copyright law to modern trends …
Who Owns The Law? Why We Must Restore Public Ownership Of Legal Publishing, Leslie A. Street, David R. Hansen
Who Owns The Law? Why We Must Restore Public Ownership Of Legal Publishing, Leslie A. Street, David R. Hansen
Journal of Intellectual Property Law
Each state has its own method for officially publishing the law. This article looks at the history of legal publishing for the fifty states before looking at how legal publishing even in moving to electronic publishing may not ensure public access to the law. The article addresses barriers to free access to the law in electronic publishing including copyright, contract law, and potentially, the Computer Fraud and Abuse Act. The article concludes with prescriptions for how different actors, including state governments, publishers, libraries, and others can ensure robust public access to the law moving forward.
Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark
Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark
Journal of Intellectual Property Law
No abstract provided.
Will You Have To Pay For The O.C.G.A.?: Copyrighting The Official Code Of Georgia Annotated, Elizabeth Holland
Will You Have To Pay For The O.C.G.A.?: Copyrighting The Official Code Of Georgia Annotated, Elizabeth Holland
Journal of Intellectual Property Law
In the 1970s, the Georgia General Assembly set out to perfect the organization of the laws of the state. The State worked with a publishing company to not only codify the statutory portions but also create additional annotations to explain the application of the law in practice. When enacting the code, the State merged the statutory portion with the annotations to create the Official Code of Georgia Annotated (O.C.G.A.). Georgia sought to retain the copyright in the O.C.G.A.
Years later, Carl Malamud and Public.Resource.Org, Inc. (Public Resource) challenged this construction. He alleged merging the statutory code with the annotated version …
Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait
Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait
Journal of Intellectual Property Law
No abstract provided.
The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer
The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer
Journal of Intellectual Property Law
No abstract provided.
Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar
Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar
Journal of Intellectual Property Law
No abstract provided.
Equitable Resale Royalties, Brian L. Frye
Equitable Resale Royalties, Brian L. Frye
Journal of Intellectual Property Law
A “resale royalty right” is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. Many countries have created a resale royalty right, but the United States has not, and a federal court recently held that a resale royalty right created by California was preempted by federal law.
Commentators disagree about the justification of the resale royalty right. Supporters argue that equity entitles artists to a resale royalty right, which also encourages the production of artwork and protects artists from exploitation. Opponents argue that the resale royalty right …
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
Journal of Intellectual Property Law
No abstract provided.
Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet
Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet
Journal of Intellectual Property Law
No abstract provided.
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Journal of Intellectual Property Law
No abstract provided.
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Journal of Intellectual Property Law
No abstract provided.
Justice Between Authors, Dawn C. Nunziato
Justice Between Authors, Dawn C. Nunziato
Journal of Intellectual Property Law
Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …
See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner
See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner
Journal of Intellectual Property Law
No abstract provided.
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …