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Full-Text Articles in Law
The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock
The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock
University of Miami Law Review
The Eleventh Circuit recently issued an opinion in Code Revision Commission v. Public.Resource.Org, Inc. that meditates on the law as much as resolves a dispute. For that reason alone, attention should be paid. A commission acting on behalf of the Georgia General Assembly and the State of Georgia filed a copyright infringement action against a nonprofit organization that had disseminated annotated state statutes. The Eleventh Circuit took these modest facts and delivered a philosophical analysis of the nature of law, finding that statutory annotations are outside copyright protection because the true author of such “law-like” writing is “the People.” …
The New Separability, Lili Levi
The New Separability, Lili Levi
Articles
In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining "function," …
Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila
University of Miami Law Review
As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the United …
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
University of Miami International and Comparative Law Review
No abstract provided.