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Copyright law

1996

Vanderbilt University Law School

Articles 1 - 3 of 3

Full-Text Articles in Law

Speaking Frankly About Copyright Infringement On Computer Bulletin Boards: Lessons To Be Learned From "Frank Music, Nctcom" And The White Paper, Joseph V. Myers, Iii Mar 1996

Speaking Frankly About Copyright Infringement On Computer Bulletin Boards: Lessons To Be Learned From "Frank Music, Nctcom" And The White Paper, Joseph V. Myers, Iii

Vanderbilt Law Review

Copyright law operates primarily as a strict liability, regime whenever infringing behavior constitutes a direct infringement of copyright. When behavior qualifies as an indirect infringement, gaps in copyright protection are filled by principles of contributory and vicarious liability. Although the application of these liability constructs has never been a simple matter, recent growth in the on- line industry has resulted in a dramatic confusion and divergence of views. In particular, the law is currently unclear in two important respects. First, opinions differ greatly as to whether computer bulletin board operators ("sysops") should incur liability for the infringing misdeeds of individual …


Goodbye To All That--A Reluctant (And Perhaps Premature) Adieu To A Constitutionally-Grounded Discourse Of Public Interest In Copyright Law, Peter A. Jaszi Jan 1996

Goodbye To All That--A Reluctant (And Perhaps Premature) Adieu To A Constitutionally-Grounded Discourse Of Public Interest In Copyright Law, Peter A. Jaszi

Vanderbilt Journal of Transnational Law

In this Article, Professor Jaszi suggests that there is a need to develop new, policy-grounded arguments against expansionist legislative and judicial tendencies in copyright that diminish the traditional public domain. In recent years, he contends, a new understanding of the purposes of a copyright system has emerged, which has changed the U.S. copyright discourse in support of increased proprietary rights. According to Professor Jaszi, the objective of this new understanding is to improve the competitive position of companies that have significant investments in Inventories of copyrighted works. Recognizing the Uruguay Round Amendments Act (URAA) as an episode in this new …


The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton Jan 1996

The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton

Vanderbilt Journal of Transnational Law

According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Western-based human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution. She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …