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Full-Text Articles in Law
No Equitable Relief: The Failings Of The Case Act To Protect Middle-Class Creatives From Copyright Infringement, Eliza James Unrein
No Equitable Relief: The Failings Of The Case Act To Protect Middle-Class Creatives From Copyright Infringement, Eliza James Unrein
William & Mary Business Law Review
Copyright law in the United States incentivizes creative activity for the public benefit by granting creators an exclusive right to control their original works. Many individuals and small businesses rely on this right and the protection of copyright law to build their reputations as artists, create a market for their work, and secure a livelihood for themselves and their families. When someone violates this right and infringes on these individuals’ and small businesses’ copyrights, the forum for seeking redress and preventing future infringement is a lawsuit in federal court. But bringing a copyright infringement claim in federal court is expensive. …
Proving Copying, Shyamkrishna Balganesh, Peter S. Menell
Proving Copying, Shyamkrishna Balganesh, Peter S. Menell
William & Mary Law Review
Proof that a defendant actually copied from a copyrighted work is a critical part of a claim for copyright infringement. Indeed, absent such copying, there is no infringement. The most common method of proving copying involves the use of circumstantial evidence, consisting of proof that a defendant had “access” to the protected work, and a showing of “similarities” between the copy and the protected work. In inferring copying from the combination of such evidence, courts have for many decades developed a framework known as the “inverse ratio rule,” which allows them to modulate the level of proof needed on access …
Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann
Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann
Briefs
No abstract provided.
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
Library Staff Publications
No abstract provided.
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
Library Staff Publications
The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.