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Full-Text Articles in Law

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 Oct 2016

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 Oct 2016

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 Oct 2016

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 …


Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall Sep 2016

Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall

Journal of Intellectual Property Law

No abstract provided.


Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche Jun 2016

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the …


The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard Jun 2016

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.


Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng Apr 2016

Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng

Journal of Intellectual Property Law

No abstract provided.


The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King Mar 2016

The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King

Nevada Law Journal

No abstract provided.


Copy Game For High Score: The First Video Game Lawsuit, William K. Ford Feb 2016

Copy Game For High Score: The First Video Game Lawsuit, William K. Ford

Journal of Intellectual Property Law

No abstract provided.


College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler Jan 2016

College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler

Vanderbilt Journal of Entertainment & Technology Law

The recent O'Bannon v. NCAA decision, which gave student athletes a right in products that exploit their image and likeness, will have a profound impact on college athlete rights. This giant step forward will propel student athletes to fight for more intellectual property rights. Following the footsteps of professional athletes, these rights will likely include copyrighting sports moves, touchdown celebrations, and signature phrases as well as trademarking nicknames and touchdown dances. This Note encourages the adoption of a program giving student athletes these rights and allowing them to receive compensation, uncapped, that they would split evenly with his or her …


Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young Jan 2016

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.


Video Games And Intellectual Property: Similarities, Differences, And A New Approach To Protection, John Kuehl Jan 2016

Video Games And Intellectual Property: Similarities, Differences, And A New Approach To Protection, John Kuehl

Cybaris®

No abstract provided.