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Articles 2131 - 2160 of 2559
Full-Text Articles in Law
The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis
The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis
Law Faculty Articles and Essays
It is probably not quite fraud, though it comes terribly close to it, when motion picture and television production companies convince their writers to part with the rights to their stories when they sign with the companies. Despite contracts that claim the writer has no rights to the resulting script (either because the author has assigned his rights “in perpetuity” or because he has agreed to produce a “workfor hire”), U.S. copyright law provides many authors, perhaps the vast majority of them, with a future right that cannot be lost and can always be regained, irrespective of any written contract …
Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen
Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen
Vanderbilt Journal of Entertainment & Technology Law
A number of different protections are available for fictional characters under intellectual property law. These have traditionally included copyright, trademark, and unfair competition, or some combination thereof. Another avenue of protection can be found in state dilution statutes, which prohibit unauthorized uses of characters that could harm their reputations, such as by "blurring" their ability to indicate one source, or by "tarnishing" their commercial value. This harm may occur even where there is no likelihood of public confusion, and even where the use is on a noncompeting good. Many commentators have criticized state dilution theories, however, as contravening the purposes …
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Library Staff Publications
No abstract provided.
Copyright And The Perfect Curve, Julie E. Cohen
Copyright And The Perfect Curve, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
This essay argues that the assumption that “progress” is qualitatively independent of the underlying entitlement structure is wrong. In particular, I shall argue that a shift to a copyright rule structure based on highly granular, contractually enforced “price discrimination” would work a fundamental shift, as well, in the nature of the progress produced. The critique of the contractual price discrimination model, moreover, exposes deep defects in the use of neoclassical “law and economics” methodology to solve problems relating to the incentive structure of copyright law. What is needed, instead, is an economic model of copyright that acknowledges the central role …
The Paradoxes Of Free Software, Stephen M. Mcjohn
The Paradoxes Of Free Software, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …
Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew
Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew
Santa Clara Law Review
No abstract provided.
Deriving Orginality In Derivative Works: Considering The Quantum Of Originality Needed To Attain Copyright Protection In A Derivative Work, Steven S. Boyd
Deriving Orginality In Derivative Works: Considering The Quantum Of Originality Needed To Attain Copyright Protection In A Derivative Work, Steven S. Boyd
Santa Clara Law Review
No abstract provided.
The Roman Law Roots Of Copyright, Russ Ver Steeg
The Roman Law Roots Of Copyright, Russ Ver Steeg
Maryland Law Review
No abstract provided.
Square Pegs And Round Holes: Why Native American Economic And Cultural Policies And United States Intellectual Property Law Don't Fit, David B. Jordan
Square Pegs And Round Holes: Why Native American Economic And Cultural Policies And United States Intellectual Property Law Don't Fit, David B. Jordan
American Indian Law Review
No abstract provided.
Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau
Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau
Vanderbilt Journal of Entertainment & Technology Law
The copyright clause of the United States Constitution empowers Congress "to promote the Progress of Science and useful Arts, by Securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The purpose of copyright law is to strike a balance between the public's desire to have free access to information and authors' rights to protection of their private works. Common law copyright somewhat reflects this balance by providing the author with perpetual protection until first publication. Federal copyright law, however, with its more limited duration for protection, better balances these competing interests. Once …
Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Copyright raises real and troubling free speech issues, and standard responses to those concerns are inadequate. This Article aims to put copyright in the context of other free speech doctrine. Acknowledging the link between copyright and free speech can help determine the proper contours of a copyright regime that both allows and limits property rights in expression, skewing the content of speech toward change.
Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders
San Diego Law Review
In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Articles
No abstract provided.
Copyright, Wendy J. Gordon, Robert G. Bone
Copyright, Wendy J. Gordon, Robert G. Bone
Faculty Scholarship
Copyright is the branch of Intellectual Property Law that governs works of expression such as books, paintings and songs, and the expressive aspects of computer programs. Intellectual products such as these have a partially public goods character: they are largely inexhaustible and nonexcludable. Intellectual Property Law responds to inexcludability by giving producers legal rights to exclude nonpayers from certain usages of their intellectual products. The goal is to provide incentives for new production at fairly low transaction costs. However, the copyright owner will charge a price above marginal cost and this, coupled with the inexhaustibility of most copyrighted products, creates …
Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon
Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon
Faculty Scholarship
The United States Court of Appeals for the Second Circuit is arguably the soundest copyright court in the nation. In Tasini v. New York Times, it handled a challenge brought by a group of freelance writers against publishers and database proprietors. The controversy, now pending in the United States Supreme Court, has wide importance because it will determine what entitlements attach to a publisher who purchases a privilege to include a freelancer's story in the publisher's magazine or newspaper. Essentially, the issue is whether a publisher, who has not purchased the story's copyright and has not obtained an explicit …
The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry
The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry
Faculty Scholarship
I am Professor William Patry of the Benjamin N. Cardozo School of Law. I will be the moderator of this star-studded debate on the Sonny Bono Copyright Term Extension Act.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Why Copyrights Are Not Community Property, Dane S. Ciolino
Why Copyrights Are Not Community Property, Dane S. Ciolino
Louisiana Law Review
No abstract provided.
Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala
Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala
Cornell Journal of Law and Public Policy
No abstract provided.
Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester
Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester
Cornell Journal of Law and Public Policy
No abstract provided.
Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji
Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji
Indiana Journal of Global Legal Studies
No abstract provided.
The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry
The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry
Notre Dame Law Review
No abstract provided.
Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath
Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath
Notre Dame Law Review
No abstract provided.
Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath
Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath
Notre Dame Law Review
No abstract provided.
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Scholarship Chronologically
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
Scholarship Chronologically
Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …
Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York
Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York
Notre Dame Law Review
No abstract provided.
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …