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Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Samuel H Jones
The 1976 Copyright Act created what is now commonly known as the termination right, which allows authors to unilaterally terminate prior grants of their copyrights and reclaim ownership. This right was created, in large part, to liberate authors from unremunerative agreements previously entered into when the value of their copyrighted works had not yet been realized. It can be a powerful tool for authors to leverage more favorable agreements than they were previously able, particularly when those copyrights are highly valued. To ensure authors’ ability to exercise this right, Congress enacted provisions in the 1976 Copyright Act that prohibit authors …
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman
Bill D. Herman
With the exponential increases in online information, internet search engines have helped fill a substantial and growing need for the capacity to sort through and manage data. News outlets in general and newspapers in particular are among the most socially important sources of online content being indexed, and these outlets are faring rather poorly in the internet economy. Both of these sectors are thus in a precarious, potentially conflicted relationship, with copyright law serving as the primary legal basis for mediating the relationship. A 2013 decision, Associated Press v. Meltwater, is one recent attempt to mediate this relationship. In …
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman
Bill D. Herman
With the exponential increases in online information, internet search engines have helped fill a substantial and growing need for the capacity to sort through and manage data. News outlets in general and newspapers in particular are among the most socially important sources of online content being indexed, and these outlets are faring rather poorly in the internet economy. Both of these sectors are thus in a precarious, potentially conflicted relationship, with copyright law serving as the primary legal basis for mediating the relationship. A 2013 decision, Associated Press v. Meltwater, is one recent attempt to mediate this relationship. In …
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Vicenç Feliú
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative …