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Full-Text Articles in Law
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Golden Gate University Law Review
Despite the decreased circulation of traditional newspapers, celebrity gossip magazines continue to flourish in the publishing world. In June 2012, People Magazine reached a paid circulation of over 3.5 million copies, putting the publication at number nine on the top U.S. consumer magazines list for the first half of the year. Public demand for celebrity news and gossip is unwavering. With this popularity come problems - especially for those celebrities whose images end up supplying that high demand. In Monge v. Maya Magazines, Inc., the Ninth Circuit presided over a copyright battle between celebrities and a gossip magazine regarding fair …
Making Virtual Copyright Work, Matthew R. Farley
Making Virtual Copyright Work, Matthew R. Farley
Golden Gate University Law Review
This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds …
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
Golden Gate University Law Review
This note sets forth the facts and procedural history of Dr. Seuss Enterprises v. Penguin, which is the most recent Ninth Circuit copyright decision presenting the affirmative fair use defense. Section III provides a brief background of copyright law and the fair use defense. Section III also presents a historical view of the fact-sensitive, case-by-case analysis of the four statutory fair use defense factors codified in 17 U.S.C. § 107. Section IV examines the Ninth Circuit's decision in Dr. Seuss Enterprises v. Penguin, focusing on Seuss Enterprises' copyright infringement claim. Section V critically analyzes the Ninth Circuit's holding, focusing on …
Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg
Golden Gate University Law Review
No abstract provided.
Intellectual Property - Sega Enterprises Ltd. V. Accolade, Inc.: Setting The Standard On Software Copying In The Computer Software Industry, Julie Aguilar
Golden Gate University Law Review
No abstract provided.
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
Golden Gate University Law Review
While eleven states have enacted legislation creating moral rights for artists, until recently there was no federal law addressing the issue. The Visual Artists Rights Act of 1990,10 which became effective June 1, 1991, creates federal moral rights for artists and contains provisions specifically covering artwork incorporated into buildings. This article will begin with a brief overview of VARA and a detailed analysis of the provisions covering artwork incorporated into buildings. The focus of the article will address the many problems concerning the rights and duties of artists and real property owners under VARA, and will propose solutions to these …
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Golden Gate University Law Review
This Note will analyze the holding in Lewis Galoob Toys, Inc. v. Nintendo of America. First a background of copyright law relevant to computer technology and video games will be developed. Emphasis will be placed on the issues surrounding exceptions to a copyright holder's exclusive rights and the enhancement of computer programs.
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
Golden Gate University Law Review
This article will be divided into three sections focusing on the Visual Artists Rights Act's art in buildings provisions, and these provision's effects on artists and building owners. First, the various state art preservation acts will be compared and contrasted with the VARA, focusing particularly on the California Act. Second, the VARA's art in buildings section will be analyzed, focusing on 1) the development of the section, 2) how determining whether art is removable effects artists and building owners, and 3) the dilemma building owners face when art is attached to their buildings without their knowledge or consent. Finally, the …
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Golden Gate University Law Review
Although the unauthorized use of sound recordings in derivative collage compositions may in some instances infringe on the copyright of a given composition or sound recording, such use may be protected under a fair use analysis typically accorded works of parody. Therefore this Comment will first provide some historical context for understanding aural appropriation as an evolving 20th century art form with parallels and antecedents in the visual arts. Next comes a discussion of how certain collage-based compositions may violate applicable copyright laws under the 1976 Copyright Act. This Comment will then explore whether the appropriation of pre-existing sound recordings …
Copyright Law, Suheil Joseph Totah
Copyright Law, Suheil Joseph Totah
Golden Gate University Law Review
No abstract provided.
Moral Rights And The Realistic Limits Of Artistic Control, Susan Rabin
Moral Rights And The Realistic Limits Of Artistic Control, Susan Rabin
Golden Gate University Law Review
This Comment explores the relative positions of musical composers, visual artists, and writers against the available legal protections for their personal rights. As one author recognizes: "[E]ven as American law begins to recognize artists' rights beyond copyright, it does so within a tradition that is concerned for the interests of many parties."