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Full-Text Articles in Law
"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger
"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger
Vanderbilt Law Review
In 1953, a twenty-seven year old man underwent brain surgery to treat the severe epilepsy that had plagued him during his youth. The surgeon, Dr. William Scoville, removed portions of the young man's brain that were involved in memory processing. Most notably, Dr. Scoville removed most of his patient's hippocampus. The surgery left the young man, now known to psychologists as H.M., with anterograde amnesia: he still had a short-term memory, but he was unable to convert any of his short-term memories into new long-term memories. Although H.M. could not form new long-term memories, psychologists found that he still could …
Copyright And Permissions: Sometimes They're The Same, Kopana Terry
Copyright And Permissions: Sometimes They're The Same, Kopana Terry
Library Presentations
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Faculty Publications
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.
Transformativeness And The Derivative Work Right, R. Anthony Reese
Transformativeness And The Derivative Work Right, R. Anthony Reese
Faculty Scholarship
Copyright law grants copyright owners certain exclusive rights in their works, but those rights are expressly limited by the fair use doctrine: any use of a work that qualifies as a fair use does not infringe on the work’s copyright. In 1994, in Campbell v. Acuff-Rose Music, Inc., the Supreme Court announced that an essential part of the inquiry into whether a particular use is fair is determining whether the use is “transformative,” and that transformative uses are more likely to be fair uses.
The rise of transformativeness as an explicit, important aspect of fair use analysis has potential implications …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Law Faculty Scholarship
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
Tolerated Use, Tim Wu
Tolerated Use, Tim Wu
Faculty Scholarship
"Tolerated use" is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated, use of copyrighted works. Such patterns of mass infringement have occurred before in copyright history, though perhaps not on the same scale, and have usually been settled with the use of special laws, called compulsory licensing regimes, more familiar to non-copyright scholars as liability rules. This paper suggests that, in present times, a different and slightly unusual solution to the issue of widespread illegal use is emerging-an "opt-in" system for copyright holders, that is in property terms a rare species of ex post …
Sparing Internet Radio From The Real Threat Of The Hypothetical Marketplace, Mark D. Robertson
Sparing Internet Radio From The Real Threat Of The Hypothetical Marketplace, Mark D. Robertson
Vanderbilt Journal of Entertainment & Technology Law
In early 2007, the newly minted Copyright Royalty Board(CRB) handed down its first ruling, which set royalty rates for the digital performance of sound recordings. The CRB's ruling ignited a firestorm of concern among Internet radio broadcasters (webcasters) and their listeners. For some webcasters, the change to royalty rates constituted a 300-1200% increase over what was due under the previous scheme. This massive increase in royalties is attributable to the willing buyer/willing seller standard that the CRB is statutorily required to employ. This standard directs the CRB to construct one hypothetical marketplace and establish rates to which most buyers and …
An Intellectual Property Food Fight: Why Copyright Law Should Embrace Culinary Innovation, J. Austin Broussard
An Intellectual Property Food Fight: Why Copyright Law Should Embrace Culinary Innovation, J. Austin Broussard
Vanderbilt Journal of Entertainment & Technology Law
In the United States, dining has become an increasingly popular form of leisure and entertainment, generating an estimated $537 billion in 2007. However, dining represents only one aspect of the modern food economy; cooking and dining are regularly featured in newspapers and magazines, while celebrity chefs tout their own brands on television. Eating has been transformed from a mere perfunctory activity into big business. Increasing competition for the attention and money of restaurant patrons has prompted chefs of grande cuisine to differentiate their menus by creating unique dishes. The time and labor that chefs sink into this form of innovation …
Rethinking Copyright: Property Through The Lenses Of Unjust Enrichment And Unfair Competition, Shyamkrishna Balganesh
Rethinking Copyright: Property Through The Lenses Of Unjust Enrichment And Unfair Competition, Shyamkrishna Balganesh
Faculty Scholarship
For some time now, scholars have come to recognize the existence of numerous structural infirmities deeply embedded within the modern copyright system. Most of these infirmities have been attributed to internal tensions within copyright law and policy, including the competing philosophies of access and control, use and exclusion, and rights and exceptions. Professor Stadler’s insightful article documents these tensions and proposes a new way of mediating them. She argues that copyright law is best understood as instantiating a restriction
on unfair competition and, consequently, that it should do little more than protect creators of original works from “competitive harm” in …
Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown
Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown
Law Librarian Scholarship
This chapter introduces the reader to the realm of electronic resource license agreements. It provides the reader with an overview of basic contract law as it relates to electronic resource licensing. The chapter then discusses the electronic resource license negotiation process as well as license agreement term clauses. The aim of this chapter is to provide librarians with an understanding of basic licensing concepts and language in order to aid librarians in the review and negotiation of their own license agreements. The author hopes to impart lessons and tips he has learned in reviewing and negotiating license agreements with a …
Choosing Metaphors, Jessica Litman
Choosing Metaphors, Jessica Litman
Book Chapters
The copyright law on the books is a large aggregation of specific statutory provisions; it goes on and on for pages and pages. When most people talk about copyright, though, they don't mean the long complicated statute codified in title I7 of the U.S. Code. Most people's idea of copyright law takes the form of a collection of principles and norms. They understand that those principles are expressed, if sometimes imperfectly, in the statutory language and the case law interpreting it, but they tend to believe that the underlying principles are what count. It is, thus, unsurprising that the rhetoric …
Billowing White Goo, Jessica D. Litman
Billowing White Goo, Jessica D. Litman
Articles
The title of this symposium is the question: "Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding?" I'd argue that the answer to the question is "no." Fair use isn't doing either. The size of the fair use footprint has stayed remarkably constant over the past 30 or even 50 years. What has expanded, extraordinarily, is the size of rights granted by the copyright law. It may seem as if fair use is either expanding or shrinking, because the greater reach of copyright has made a bunch of uses potentially fair that weren't even potentially infringing 50 years ago. In order to …