Law Commons^™

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.

What Didn’T Happen: An Essay In Speculation, Peter Jaszi

Duke Law & Technology Review

No abstract provided.

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

The quarter century since Barlow’s writing allows us to assess his prophecy. The economy moved in the very direction that Barlow anticipated—from an economy focused on the ownership of things to an economy based on services and experiences. In high-income countries, services now account for three-quarters of the gross domestic product.

But intellectual property proved more resilient and adaptable than Barlow predicted. Intellectual property law both offered exceptions where necessary, while simultaneously expanding to cover new forms of creativity and activities. In this short essay, we argue that, for good or ill, intellectual property has reconfigured itself for an economy …

A Tale Of Two Copyrights, Glynn Lunney

Faculty Scholarship

This essay explores two possible copyright regimes. The first uses costless and perfect price discrimination to enable copyright owners to capture the full market or exchange value of their work. The second also uses costless and perfect price discrimination, but allows copyright owners to capture only the persuasion cost for authoring and distributing a work. We can call the first regime, costless copyright maximalism, and the second, costless copyright minimalism. The choice between these two regimes is primarily distributional: Should we design copyright to allocate the surplus associated with copyrighted works to copyright owners or to copyright consumers? This essay …

Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark

Journal of Intellectual Property Law

No abstract provided.

Will You Have To Pay For The O.C.G.A.?: Copyrighting The Official Code Of Georgia Annotated, Elizabeth Holland

Journal of Intellectual Property Law

In the 1970s, the Georgia General Assembly set out to perfect the organization of the laws of the state. The State worked with a publishing company to not only codify the statutory portions but also create additional annotations to explain the application of the law in practice. When enacting the code, the State merged the statutory portion with the annotations to create the Official Code of Georgia Annotated (O.C.G.A.). Georgia sought to retain the copyright in the O.C.G.A.

Years later, Carl Malamud and Public.Resource.Org, Inc. (Public Resource) challenged this construction. He alleged merging the statutory code with the annotated version …

Review Of "Rights And Reproductions: The Handbook For Cultural Institutions" (2nd Ed.), Georgia Westbrook

School of Information Studies - Post-doc and Student Scholarship

The second edition of Rights and Reproductions: The Handbook for Cultural Institutions provides an updated look at intellectual property, related laws, and appropriate use for cultural institutions. The authors provide a robust and clear explanation of relevant issues and serves a wide range of users employing the text as a reference work.

Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher

Technical Services Faculty Presentations

Slides from a presentation, "Reuse, Remix, and Create with Creative Commons Licenses," presented at the Rhode Island Library Association Annual Conference 2019, Get Informed!, on May 23, 2019 in North Smithfield, Rhode Island.

An openly-shared Google Slides version of this presentation is also available at https://bit.ly/2w6maqH.

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REUSE, REMIX, AND CREATE WITH CREATIVE COMMONS LICENSES | ROOM 2A

What are Creative Commons (CC) licenses and how do they work? What is the difference between something that is free online and something that is truly “open”? Did you know that it is often a Creative Commons license that puts …

Returning To The Fair Use Standard, Alexander Mcmullan

NYLS Law Review

No abstract provided.

Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big Data corpora, copyright’s traditional role is challenged by the relatively unstructured nature of the non-relational (noSQL) databases typical of Big Data corpora. This also impacts the application of the EU sui generis right in databases. Misappropriation (tort-based) or anti-parasitic behaviour protection might apply, where available, to data generated by AI systems that has high but short-lived value. Copyright in material contained in Big Data corpora must …

Blurred Justice, Allen Madison, Paul Lombardi Ph.D

Loyola of Los Angeles Entertainment Law Review

This article discusses a recent controversial copyright case involving inspiration. Marvin Gaye’s family, who owns the copyright to “Got to Give It Up,” claimed that “Blurred Lines,” made famous by Robin Thicke, infringes on the family’s copyright. The Gaye family prevailed at trial. At summary judgment, the Federal District Court permitted the case to go to trial without determining whether there were elements to “Got to Give It Up” that were unprotected as unoriginal, commonplace musical ideas, or musical building blocks. Had the court made such a determination, it is doubtful the case would have gone to trial. The summary …

Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

Supplemental sources handed out during a presentation given on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln.

Topics: Copyright, Fair Use, Educational use, UNL Digital Commons.

Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who …

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Basic copyright: Know your rights; Copyright registration; Rights conferred; Length of term; Infringement

Licensing and contracts: Addenda to copyright that limit or extend your work; Permissions; Evaluating predatory journals; Creative Commons licenses; Gold Open Access/APCs

Fair use: How to fairly and legally use copyrighted materials in your own work; Plagiarism vs. copyright

Educational use: "Can I use this {image, quote, video clip, ...} in my {lecture, course materials, dissertation, ...}"

Copyright considerations, UNL Digital Commons: Publishing: books, journals; Green Open Access

Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Answers to a quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.

Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick

Pepperdine Law Review

At any given fast fashion store, there may be a near exact replica of a ‘designer’ clothing item that sells for four times less than the amount it would at a luxury retailer. Wait—isn’t that illegal? After the Supreme Court’s landmark separability test created in Star Athletica, the answer may soon be yes. Fast fashion chains make their money exploiting the historical lack of copyright protection in the fashion industry. Lamps, shoes, and clothes have long been held ineligible for copyright protection because the utilitarian features are inseparable from the artistic. In other words, the part of clothing that is …

Copyright Law: An Open Source Casebook, Gary Myers

Open Educational Resources

Copyright Law is an open access casebook available for free to students. This edition was published in Spring 2019.

Dissecting The Eu's Directive On Copyright: Implications For Creative Tools, Collaboration Sites, And End-Users, Jacob Jensen

Brigham Young University Prelaw Review

The European Union’s proposal for a directive on copyright is bound to change the way the internet functions. Opinions on the proposal are polarized, but compromise is possible. This article argues that there are flaws with the proposal, including that it includes no exceptions for collaboration sites and tools. Another problem with the directive is that it is ambiguous about whether member countries should require certain types of filters or penalize sites when copyrighted material is found on their servers. These flaws can be resolved by adapting successful strategies from established copyright law like the DMCA and by designing exceptions …

Who Decides Fair Use -- Judge Or Jury?, Ned Snow

Faculty Publications

For more than two-hundred years, the issue of fair use has been the province of the jury. That recently changed when the Federal Circuit Court of Appeals decided Oracle America, Inc. v. Google LLC. At issue was whether Google fairly used portions of Oracle’s computer software when Google created an operating system for smartphones. The jury found Google’s use to be fair, but the Federal Circuit reversed. Importantly, the Federal Circuit applied a de novo standard of review to reach its conclusion, departing from centuries of precedent.

Oracle raises a fundamental question in jurisprudence: Who should decide an issue …

Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney Selby

Faculty Publications

On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and more. …

Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby

Hofstra Law Faculty Scholarship

On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and more. …

Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, Amanda Reid

Catholic University Law Review

At its core, copyright is an innovation policy, a competition policy, and a free expression policy. Copyright seeks to balance incentivizing a public good with providing a private interest. Copyright’s purpose to catalyze creative expression and innovation is canonical; creativity and innovation are synergetic. Copyright is a means of promoting progress; copyright is not an end in itself. Much like freedom of expression and new innovations are not ends in themselves, copyright protection is not for its own sake. Freedom of expression is often heralded as a means of fostering democratic self-governance, truth, and happiness. Innovation is seen as a …

You Gotta Fight For Your Right To Repair: The Digital Millennium Copyright Act’S Effect On Right-To-Repair Legislation, Daniel Moore

Texas A&M Law Review

Consumers are keeping their electronic devices longer today than in the past because the prices of the devices have increased. Increased prices have culminated in more consumers needing their devices repaired. In turn, manufacturers use the Digital Millennium Copyright Act, a federal law, and digital rights management to force consumers to get their devices repaired by either the device manufacturer or one of its authorized repairers. In response, states have considered right-to-repair laws which require manufacturers to make repair tools, equipment, and software available to device owners and independent repair shops. While almost half of the country’s state legislatures have …

"The Song Is Ended But The Melody Lingers On": Protecting The Cultural History Of The Great American Songbook In The Face Of The Public Domain, Mollie Galchus

St. John's Law Review

(Excerpt)

Part I of this Note discusses the history of American popular song from the late nineteenth century to the mid-twentieth century, showing how the music of the Great American Songbook is particularly monumental in that its sophistication and conglomeration of different musical influences created a unique American musical framework. Part II discusses the framework of music copyright law, including theories of music copyright law, the evolution of the length of music copyright terms in the United States, and the history of the CTEA. Part III argues that Congress should not extend the duration of music copyright now that the …

In Lieu Of Moral Rights For Ip-Wronged Music Vocalists: Personhood Theory, Moral Rights, And The Wppt Revisited, Tuneen E. Chisolm

St. John's Law Review

(Excerpt)

The Introduction of this Article has identified some of the noneconomic harms of concern. Part I summarizes and compares copyright ownership, control, and existing protections for authors of music compositions and sound recordings under the Copyright Act. It also summarizes pertinent music industry practices that impact third party use of recorded vocalist performances. Part II provides a foundation for understanding the nature of legal protections for creative works and the philosophical underpinnings of copyright law and moral rights, comparing utilitarianism and natural rights theory to personhood theory. It also provides a brief explanation of moral rights. Part III looks …

Draft Of Fair Use In Oracle: Proximate Cause At The Copyright/Patent Divide - 2019, Wendy J. Gordon

Scholarship Chronologically

This Paper was presented at the conference, "A Celebration of the Work of Wendy Gordon," at Boston University school of law on June 14, 2019. In presented an earlier draft under the title, Transformative Use, Proximate Cause, and Copyright, at the University of Texas at Austin on March 23, 2017. Under the title, Inegrating Judge Legal's Theory of Fair Use into on Economic View of Copyright Law: From "proximate Cause" to "Transormative Use," the paper was also presented at the March, 2016, "Conference on IP and Private Law," held at Harvard Law School. I am grateful to …

3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell

Law Faculty Scholarship

This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same challenges encountered by other content industries whose works were disrupted by the digital revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition that affords courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of …

Clown Eggs, David Fagundes, Aaron K. Perzanowski

Faculty Publications

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its sur- rounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller …

What Are We To Do With Deposit Copies?, Sadie Zurfluh

Marquette Intellectual Property Law Review

One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …