Law Commons^™

Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman

St. Mary's Law Journal

This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …

Legal Obstacles To Bringing The Twenty-First Century In The Classroom: Stop Being Creative, You May Already Be In Trouble, Andre Hampton

Faculty Articles

There are unimaginable benefits available if legal educators can bring the law classroom into the twenty-first century through the use of popular media and celebrities in their teaching. With the introduction of “pop culture,” the professor can permanently alter the student's view of the course material. Bringing pop culture into the classroom will make the course material more relevant to our students’ lives outside the classroom. This will enhance both their willingness and their ability to master legal concepts.

There are two major obstacles to bringing pop culture into the classroom. The initial major obstacle is the Copyright Act of …

Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer

St. Mary's Law Journal

This Article discusses the objectives of American copyright law, its development and its current day codification. The inception of digital audio recording technology (“DAT”) raises new challenges for American copyright law. American copyright is a constitutionally sanctioned and legislatively accorded form of protection for authors against the unauthorized copyright of their “original works of authorship.” A significant copyright issue is the ability of DAT to reproduce nearly perfect copies of copyrighted musical works. This Article further discusses certain aspects of copyright law, such as the fair use defense and the concept of “home” for the purposes of copyright protection. The …