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Articles 1 - 11 of 11
Full-Text Articles in Law
Kernochan Center News - Spring 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Spring 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Faculty Publications
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.
Antibiotic Resistance, Jessica D. Litman
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …
Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll
Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
Faculty Scholarship
Courts and scholars today understand and discuss the institution of copyright in wholly instrumental terms. Indeed, given the forms of analysis that they routinely employ, one might be forgiven for thinking that copyright is nothing more than a comprehensive government-administered scheme for encouraging the production of creative expression and is therefore quite legitimately the subject matter of public law. While this instrumental focus may have the beneficial effect of limiting copyright’s unending expansion, it also serves as a source of distraction. It directs attention away from the reality that copyright is fundamentally a creation of the law and is thus …
Privacy, Copyright, And Letters, Jeffrey L. Harrison
Privacy, Copyright, And Letters, Jeffrey L. Harrison
UF Law Faculty Publications
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
Clash Of Cultures - Integrating Copyright And Consumer Law, Lucie Guibault, Natali Helberger
Clash Of Cultures - Integrating Copyright And Consumer Law, Lucie Guibault, Natali Helberger
Articles, Book Chapters, & Popular Press
Purpose – This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach – Following a normative approach to copyright and consumer law based on an analysis of the relevant literature and case law, the article examines in which situations consumers encounter obstacles when trying to rely on consumer law to invoke ‘‘privileges’’ granted to them under copyright law, such as the private copying exception. Findings – Research shows that most difficulties lie in the fundamental conceptual differences between consumer law and …
Kernochan Center News - Fall 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Fall 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet
The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Design patents are an area of intellectual property law focused entirely on the visual, unlike copyright, patent, trademark, trade secret, or the various sui generis protections that have occasionally been enacted for specific types of innovation. Judges and lawyers in general are highly uncomfortable with images, yet design patents force direct legal engagement with images. This short piece offers an outsider’s view of what design patent law has to say about the use of images as legal tools, why tests for design patent infringement are likely to stay unsatisfactory, and what lessons other fields of intellectual property, specifically copyright, might …
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Faculty Scholarship
Over ten years ago, in the pages of this Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the U.S. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, U.S. authors’ moral rights remain in their …
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Faculty Scholarship
Calculating the duration of US copyright in audiovisual works can be a daunting task, complicated by issues of transitional law spanning the US Copyright Acts of 1909 and 1976 and the latter’s subsequent amendments. Readers with an inclination for complexity will find their tastes amply satisfied when inquiry turns to the questions of private international law that also come into play when foreign audiovisual works are at issue. Gluttons for punishment will further relish addressing the relationship of the duration of copyright in an audiovisual work to the duration of copyright in the underlying literary work on which the film …