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Full-Text Articles in Law
Silent Similarity, Jessica Litman
Silent Similarity, Jessica Litman
Chicago-Kent Journal of Intellectual Property
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart …
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Chicago-Kent Journal of Intellectual Property
Fair use analyses are overly vague and abstract. While the Copyright Act established four factors for courts to consider when determining if an alleged infringer’s use of copyrighted work is “fair”, these factors are not susceptible to easy interpretation. More importantly, once these factors have been interpreted, a trier of fact is instructed to balance these factors against each other. No effective method currently exists in guiding courts as to how to balance inherently disparate factors against each other, either in terms of intensity of the factors or how one factor might balance against another totally different factor. This article …
The End Of (Meta) Search Engines In Europe?, Martin Husovec
The End Of (Meta) Search Engines In Europe?, Martin Husovec
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine, C. Todd Mosley
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine, C. Todd Mosley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology, Theo Austin Bruton
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology, Theo Austin Bruton
Chicago-Kent Journal of Intellectual Property
U.S. courts frequently analyze new technology under copyright law. Over the years, the courts have applied copyright law to photographic cameras, computer programs, digital video recorders, and much more. However, a recent breakthrough in the neuroscience community may force judges to apply copyright standards in an unorthodox fashion. A group of researchers at UC Berkeley devised a process that reconstructs video sequences from the human brain, essentially creating a movie from the person’s mind. As this neurotechnology develops, it is uncertain how judges will apply copyright law to content taken directly from the brain. Nevertheless, this Article argues that such …
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Chicago-Kent Journal of Intellectual Property
No abstract provided.