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Full-Text Articles in Law
A Copyright Right Of Publicity, Reid Kress Weisbord
A Copyright Right Of Publicity, Reid Kress Weisbord
Fordham Law Review
This Article identifies a striking asymmetry in the law’s disparate treatment of publicity-rights holders and copyright holders. State-law publicity rights generally protect individuals from unauthorized use of their name and likeness by others. Publicity-claim liability, however, is limited by the First Amendment’s protection for expressive speech embodying a “transformative use” of the publicity-rights holder’s identity. This Article examines for the first time a further limitation imposed by copyright law: when a publicity-rights holder’s identity is transformatively depicted in a copyrighted work without consent, the author’s copyright can produce the peculiar result of enjoining the publicity-rights holder from using or engaging …
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Fordham Law Review
Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology.
Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed …
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan Carpenter, Steven Hetcher
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan Carpenter, Steven Hetcher
Fordham Law Review
This Article examines the ways that contemporary creativity challenges copyright’s fixation requirement. In this Article, we identify concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era.
Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the “metes and bounds” of creative expression. Recent case law …
A Three-Tiered Public Policy Approach To Copyright Misuse In The Context Of Tying Arrangements, Sandy Azer
A Three-Tiered Public Policy Approach To Copyright Misuse In The Context Of Tying Arrangements, Sandy Azer
Fordham Law Review
Over two decades since the copyright misuse doctrine was first recognized in Lasercomb America, Inc. v. Reynolds, a uniform approach for determining whether a specific behavior constitutes misuse still does not exist. Circuit courts have commonly applied two competing approaches to the misuse analysis. One approach centers on the public policy underlying copyrights; the other approach centers on antitrust principles. This Note explores relevant jurisprudence and elucidates the shortfalls of each approach. It then proposes a compromise that underscores the interplay between copyright and antitrust laws. The proposed resolution aims to provide a much–needed uniform misuse analysis that does …
Code-Ifying Copyright: An Architectural Solution To Digitally Expanding The First Sale Doctrine, Evan Hess
Code-Ifying Copyright: An Architectural Solution To Digitally Expanding The First Sale Doctrine, Evan Hess
Fordham Law Review
As the internet blossomed into ubiquity, piracy mushroomed with it. To control the threat, Congress passed the Digital Millennium Copyright Act (DMCA). The DMCA created a number of safeguards for copyright holders. But the DMCA purposely ignored whether copyright holders could restrict future transfers of their legally purchased work—a concept known in physical property as the “first sale doctrine.” As a result, copyright holders began using licenses to control future transfers of their digital property.
This was not the first time copyright holders have attempted to gain greater control over their work. The history of copyright law demonstrates a pattern …
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Fordham Law Review
In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …
The Free Jammie Movement: Is Making A File Available To Other Users Over A Peer-To-Peer Computer Network Sufficient To Infringe The Copyright Owner's 17 U.S.C. § 106(3) Distribution Right?, Ken Nicholds
Fordham Law Review
Of the thousands of lawsuits brought by the Recording Industry Association of America against individuals for sharing music files over the Internet, the case of Jammie Thomas-Rasset was the first to complete a full jury trial. The judge vacated the intial judgment against Thomas-Rasset because he found, sua sponte, that he was mistaken when he instructed the jury that making a file available over a computer network for others to download is sufficient to find infringement of the exclusive distribution right of the copyright owner under 17 U. S. C. § 106(3). This Note argues that there is no making-available …
A Tale Of Two Countries: Canada's Response To The Peer-To-Peer Crisis And What It Means For The United States, Fara Tabatabai
A Tale Of Two Countries: Canada's Response To The Peer-To-Peer Crisis And What It Means For The United States, Fara Tabatabai
Fordham Law Review
No abstract provided.
Fair Use, Lloyd L. Weinreb
When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter
When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter
Fordham Law Review
No abstract provided.
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Fordham Law Review
No abstract provided.
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Fordham Law Review
No abstract provided.
Interfaces And Interoperability In Lotus V. Borland: A Market-Oriented Approach To The Fair Use Doctrine, David R. Owen
Interfaces And Interoperability In Lotus V. Borland: A Market-Oriented Approach To The Fair Use Doctrine, David R. Owen
Fordham Law Review
No abstract provided.
Copyright, Jessica R. Friedman
Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan
Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan
Fordham Law Review
No abstract provided.
Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan
Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan
Fordham Law Review
No abstract provided.
Copyright Protection In The Cable Television Industry: Satellite Retransmission And The Passive Carrier Exemption, Niels B. Schaumann
Copyright Protection In The Cable Television Industry: Satellite Retransmission And The Passive Carrier Exemption, Niels B. Schaumann
Fordham Law Review
No abstract provided.
Copyright Protection For Short-Lived Works Of Art, Joan Infarinato
Copyright Protection For Short-Lived Works Of Art, Joan Infarinato
Fordham Law Review
No abstract provided.
Cbs V. Ascap: An Economic Analysis Of A Political Problem , John Cirace
Cbs V. Ascap: An Economic Analysis Of A Political Problem , John Cirace
Fordham Law Review
No abstract provided.
The Transfer Of Copyright Ownership To Periodicals, David G. Mayer
The Transfer Of Copyright Ownership To Periodicals, David G. Mayer
Fordham Law Review
No abstract provided.
Copyright: Moral Right--A Proposal, Joseph B. Valentine
Copyright: Moral Right--A Proposal, Joseph B. Valentine
Fordham Law Review
No abstract provided.
Catv-The Continuing Copyright Controversy
First Publication Abroad—Investive, Divestitive, Or Inoperative? A Territorial View Of Copyright, Elihu Inselbuch
First Publication Abroad—Investive, Divestitive, Or Inoperative? A Territorial View Of Copyright, Elihu Inselbuch
Fordham Law Review
No abstract provided.
The Soviet Law Of Inventions And Copyright, Bernie R. Burrus
The Soviet Law Of Inventions And Copyright, Bernie R. Burrus
Fordham Law Review
No abstract provided.
Parody And The Law Of Copyright
Innocent Participants In Copyright Infringement
Innocent Participants In Copyright Infringement
Fordham Law Review
No abstract provided.
Camera Copyrights, Benno Lewinson