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Articles 1 - 7 of 7
Full-Text Articles in Law
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Michigan Law Review
Prior to the Supreme Court's 1989 decision in Community for Creative Non-Violence v. Reid, the Circuits had disagreed over the question of whether independent contractors could qualify as "employees" under the doctrine. The Fifth, Ninth, and D.C. Circuits defined "employee" narrowly, thereby excluding the majority of commissioned works from potential work for hire status. Applying a much broader definition of the term, the Second and Seventh Circuits included virtually all commissioned works as work for hire. The disagreement was not surprising, since the copyright statute does not include a definition of the term, and the legislative history fails to …
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Boston College Law School Faculty Papers
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.
International Copyright From An American Perspective, Marshall A. Leaffer
International Copyright From An American Perspective, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
The Public Domain, Jessica D. Litman
The Public Domain, Jessica D. Litman
Articles
This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …
Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer
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 …
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Faculty Scholarship
ThIs Article focuses on the problem of how artistic values affect determinatlons of copyright management. It discusses how the copyright statutes embody a congressional desire to have determinations of eligibility for copyright made without regard for the artistic value of the work at issue. This Article also explores the dangers that Justice Holmes and those who have followed hIs lead saw in using assessments of artIstic value to make copyright decIsIons. It also discusses how assessments of artistic value influence copyright infrIngement determInations, specifically through the application of the idea-expression dichotomy, a principle used to determine whether the copyright in …
Copyright In The 101st Congress: Commentary On The Visual Artists Rights Act And The Architectural Works Copyright Protection Act Of 1990, Jane C. Ginsburg
Copyright In The 101st Congress: Commentary On The Visual Artists Rights Act And The Architectural Works Copyright Protection Act Of 1990, Jane C. Ginsburg
Faculty Scholarship
In the Visual Artists Rights Act, Congress has for the first time included moral rights within the U.S. copyright statute. Well-known in continental European copyright doctrine, and secured by the Berne Convention, moral rights afford protection for the author's personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing. These rights of attribution (sometimes infelicitously labeled the "right of paternity") and of integrity are conceptually distinct from the economic rights of exploitation set forth in section 106 of the 1976 Copyright Act. …