Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (7)
- Social and Behavioral Sciences (5)
- Law and Economics (3)
- Economics (2)
- Science and Technology Law (2)
-
- Accounting (1)
- Banking and Finance Law (1)
- Business (1)
- Common Law (1)
- Computer Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Writing and Research (1)
- Legislation (1)
- Library and Information Science (1)
- Psychology (1)
- Public Affairs, Public Policy and Public Administration (1)
- State and Local Government Law (1)
- Publication Year
- File Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Copyright And A Synergistic Society, Tracy Reilly
Copyright And A Synergistic Society, Tracy Reilly
Tracy Reilly
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Jeffrey L Harrison
The basic goal of copyright law is, at a general level, fairly well understood, yet the law itself seems untethered to any consistent analytical approach designed to achieve that goal. This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as White-Smith Music and Eldred suggest. In order to understand the economic approach and the inconsistency of copyright law, as well as the …
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Jeffrey L Harrison
The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the "functional" quality of these goods. Another motivation relates to what the goods "say" about the buyer. Here, the good is a signaling device. Signaling is not new, of course, and can indicate anything from social class to political leanings. This Essay addresses the issue of whether it should be public policy to subsidize this type of person-to-person status signaling. This …
From Vault To Honesty Box: Australian Authors And The Changing Face Of Copyright, Francina Cantatore
From Vault To Honesty Box: Australian Authors And The Changing Face Of Copyright, Francina Cantatore
Francina Cantatore
Copyright in written work is facing unprecedented challenges in the digital era. The changing face of copyright requires a re-evaluation of the existing norms and theories of copyright as an inanimate phenomenon that is reliant on humans for its adaptations. This article examines authors’ responses to these developments in the context of the philosophical theories underpinning copyright law, current Australian legislative and judicial considerations, and the impact of e-publishing on traditional perceptions of copyright protection. In particular, the article incorporates findings from a research study conducted with Australian authors on their perceptions of the value and meaning of copyright and …
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng
Alina Ng
Describing legal fictions as embedded nuggets of information about social reality in the law is not as contradictory as it may sound. Legal fictions reveal important aspects of human society that may not be understood but for the curious metaphors that these fictions portray. The use of legal fictions may, however, obscure important information or fundamental questions about law and its society as it commits legal institutions to set outcomes. These fictions become institutionalized without clear understanding of their function. When that happens, fallacious assumptions about human behavior and social relationships transform into binding principles that set the course for …
Copyright And The Tragedy Of The Commons, Tracy Reilly
Copyright And The Tragedy Of The Commons, Tracy Reilly
Tracy Reilly
Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor
Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor
Paul M. Schwartz
Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. To a remarkable extent, scholars who have examined the Constitution's Copyright Clause have reached a common position. With striking unanimity, these scholars have called for aggressive judicial review of the constitutionality of congressional legislation in this area. The champions of this position--we refer to them as the IP Restrictors--represent a remarkable array of constitutional and intellectual property scholars. …
The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco
The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco
Julian Velasco
No abstract provided.
Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer
Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer
Joseph P. Bauer
Section 301 of the Copyright Act of 1976 expressly preempts state law actions that are within the "general scope of copyright" and that assert claims that are "equivalent to" the rights conferred by the Act. The Act eliminated the previous system of common law copyright for unpublished works, which had prevailed under the prior 1909 Copyright Act. By federalizing copyright law, the drafters of the statute sought to achieve uniformity and to avoid the potential for state protection of infinite duration. The legislative history of § 301 stated that this preemption provision was set forth "in the clearest and most …
Nexus Crystals: Crystallizing Limits On Constractual Control Of Virtual Worlds, Joshua A.T. Fairfield
Nexus Crystals: Crystallizing Limits On Constractual Control Of Virtual Worlds, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Can a video game developer or publisher successfully sue a video game player for copyright infringement for not “playing a game nicely,” “cheating,” or “buying software from a third party”? This article suggests a new reason why it cannot. The founding social contract of the new millennium is the End User License Agreement (EULA), not the U.S. Constitution. Website terms of use (TOU) and software EULAs now have an enormous impact on how citizens must act and how their rights and redresses are defined. EULAs contain not only traditional intellectual property licensing conditions but complicated directives regarding what members of …
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Warren Bartholomew Chik
This article examines the User-Generated Content (UGC) phenomena and the significance of re-inventions in the context of an increasingly user-centric Internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the Internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from …
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Warren Bartholomew CHIK
This article examines the User-Generated Content (UGC) phenomena and the significance of re-inventions in the context of an increasingly user-centric Internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the Internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from …
Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates
Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates
Mark Perry
This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …
Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter
Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter
Ben Depoorter
This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …
The “Spiritual Temperature” Of Contemporary Popular Music: An Alternative To The Legal Regulation Of Death-Metal And Gangsta-Rap Lyrics, Tracy Reilly
Tracy Reilly
Authors And Readers: Conceptualizing Authorship In Copyright Law, Alina Ng
Authors And Readers: Conceptualizing Authorship In Copyright Law, Alina Ng
Alina Ng
Copyright law recognizes authors as the first owners of copyright. However, there is paucity in literature in copyright analysis of the author and the rights which should be granted by virtue of the very act of creativity in the production of literary and artistic works. This indicates insufficient attention paid to a concept that is so central to a law that primarily aims to encourage authorship for society’s benefit. The idea of the author and authorship as a creative process is central to copyright analysis. Deeper analysis of the author and creative authorship will provide insights into how the law …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Ann Bartow
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 …
The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer
The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer
Matthew Rimmer
What Is The Database Sui Generis Right?, Estelle Derclaye
What Is The Database Sui Generis Right?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer
Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer
Matthew Rimmer
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Ann Bartow
The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, …
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Ann Bartow
The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, …
Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer
Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer
Matthew Rimmer
Daubism: Copyright Law And Artistic Works, Matthew Rimmer
Daubism: Copyright Law And Artistic Works, Matthew Rimmer
Matthew Rimmer
Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer
Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer
Matthew Rimmer
Shine: Copyright Law And Film, Matthew Rimmer
Shine: Copyright Law And Film, Matthew Rimmer
Matthew Rimmer
The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer
The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer
Matthew Rimmer
Software Copyright Protection: Can Europe Learn From American Case Law?, Estelle Derclaye
Software Copyright Protection: Can Europe Learn From American Case Law?, Estelle Derclaye
Estelle Derclaye
No abstract provided.