Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (490)
- Entertainment, Arts, and Sports Law (70)
- Internet Law (60)
- Legislation (47)
- Science and Technology Law (39)
-
- Computer Law (31)
- International Law (24)
- Social and Behavioral Sciences (21)
- Comparative and Foreign Law (20)
- Legal History (16)
- Supreme Court of the United States (15)
- Law and Economics (14)
- Constitutional Law (13)
- International Trade Law (13)
- Contracts (12)
- Courts (12)
- Law and Society (12)
- First Amendment (9)
- Library and Information Science (9)
- Commercial Law (8)
- Common Law (8)
- Consumer Protection Law (8)
- Litigation (8)
- Public Law and Legal Theory (8)
- State and Local Government Law (7)
- Legal Writing and Research (6)
- Antitrust and Trade Regulation (5)
- Arts and Humanities (5)
- Business Organizations Law (5)
- Institution
-
- Columbia Law School (146)
- University of Michigan Law School (125)
- Vanderbilt University Law School (44)
- SelectedWorks (35)
- Fordham Law School (32)
-
- Selected Works (29)
- University of Georgia School of Law (20)
- Golden Gate University School of Law (14)
- Maurer School of Law: Indiana University (13)
- Boston University School of Law (12)
- Georgetown University Law Center (12)
- Yeshiva University, Cardozo School of Law (9)
- American University Washington College of Law (7)
- Pepperdine University (7)
- Touro University Jacob D. Fuchsberg Law Center (7)
- New York Law School (5)
- University of Massachusetts School of Law (5)
- Santa Clara Law (4)
- University of Florida Levin College of Law (4)
- University of Miami Law School (4)
- University of Missouri School of Law (4)
- University of Washington School of Law (4)
- University of Windsor (4)
- Cleveland State University (3)
- Loyola Marymount University and Loyola Law School (3)
- Nova Southeastern University (3)
- Schulich School of Law, Dalhousie University (3)
- St. Mary's University (3)
- The University of Akron (3)
- University of Nebraska - Lincoln (3)
- Publication Year
- Publication
-
- Faculty Scholarship (107)
- Kernochan Center for Law, Media, and the Arts (49)
- Michigan Telecommunications & Technology Law Review (42)
- Articles (39)
- Vanderbilt Journal of Entertainment & Technology Law (29)
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (26)
- Michigan Law Review (23)
- Estelle Derclaye (20)
- Journal of Intellectual Property Law (17)
- Georgetown Law Faculty Publications and Other Works (11)
- Golden Gate University Law Review (11)
- Matthew Rimmer (11)
- Faculty Publications (9)
- Vanderbilt Law Review (9)
- Articles by Maurer Faculty (8)
- Michigan Journal of International Law (8)
- Touro Law Review (7)
- University of Michigan Journal of Law Reform (7)
- Fordham Law Review (6)
- Scholarly Works (6)
- Vanderbilt Journal of Transnational Law (5)
- Book Chapters (4)
- Law Librarian Scholarship (4)
- Missouri Law Review (4)
- The Journal of Business, Entrepreneurship & the Law (4)
- UF Law Faculty Publications (4)
- Akron Law Review (3)
- Ann Bartow (3)
- Intellectual Property Brief (3)
- Law Faculty Publications (3)
- Publication Type
Articles 31 - 60 of 633
Full-Text Articles in Law
Comments On Council Draft 6 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Comments On Council Draft 6 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Faculty Scholarship
We appreciate the Reporters’ incorporation of some of our comments on recent drafts. There remain, however, certain flaws in CD6 that should be addressed. We explain the issues, below.
Copyright, Creativity, Big Media And Cultural Value: Incorporating The Author, Jane C. Ginsburg
Copyright, Creativity, Big Media And Cultural Value: Incorporating The Author, Jane C. Ginsburg
Faculty Scholarship
Copyright, Creativity, Big Media and Cultural Value is a wide-ranging work of immense erudition and archival research, combining several historical studies of the ‘incorporation’ of the author in different sectors of the ‘creative industries’. The book’s subtitle, ‘Incorporating the Author’, astutely encompasses multiple meanings, whose implications the book works through. These include the author as an initiating participant in a larger economic structure (Chapter 3 (print publishing)). But also, the author as a bit player enveloped by a larger economic structure (Chapter 5 (film industry)). And the author (or performer) as an autonomous object of economic value (Chapters …
Openness Through The Lenses Of The Three-Step-Test: International Perspectives On Copyright Protection, Marinos Papadopoulos, Nikos Koutras
Openness Through The Lenses Of The Three-Step-Test: International Perspectives On Copyright Protection, Marinos Papadopoulos, Nikos Koutras
Research outputs 2014 to 2021
This paper is focused on openness movement and the principles that said movement declared regarding the use of works set under copyright protection to enable for open access works. The three-step-test legal edifice is deeply rooted in international copyright law; its meaning and application is of vital importance for any consideration of amending copyright law with the aim to include provisions for openness. Unless a provision for openness passes the three-step-test there can be no sustainable amendment of copyright law in favour of openness.
Comments On Preliminary Draft 7 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Comments On Preliminary Draft 7 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Faculty Scholarship
PD7 is often confusing, largely as a result of failure to provide important explanations or definitions, or to tell the reader where that information can be found. Key terms, such as “edicts of law” and “formalities” remain undefined. Formalities are a principal topic of PD7; they deserve a more thorough description than the draft contains, addressing what formalities are, whether every declaratory obligation (or option) is a “formality,” or only those that go to the existence or enforcement of copyright (this is the Berne Convention meaning of “formality”).
Code Ownership : Plagiarism And Use, Alexis Nicole Amore
Code Ownership : Plagiarism And Use, Alexis Nicole Amore
Theses, Dissertations and Culminating Projects
Technology is moving at unmeasurable rates to that of law. Ownership rights and legality become harder to grasp distant theories. With community code-sharing and limiting language structures, when does code become plagiarized or entity-owned? The disciplines of Cyberlaw and computer science are used to provide a better understanding.
The Cyberlaw discipline explores how jurisdiction views cyberspace, source code, and source code’s placement within legislation. Due to cyberspace’s ever-evolving nature, litigation struggles to encompass the possibilities within it. Computer science delves into theory-based excursions that define the law’s shape in the cyber realm. It bolsters the possibility of implementing progressive legislation …
Fair Dealing For The Purpose Of Education: York University V The Canadian Copyright Licensing Agency, Pascale Chapdelaine
Fair Dealing For The Purpose Of Education: York University V The Canadian Copyright Licensing Agency, Pascale Chapdelaine
Law Publications
In York University v The Canadian Copyright Licensing Agency (2020), the Federal Court of Appeal was confronted with two issues at the heart of ongoing debates in Canadian copyright law. First, whether tariffs of copyright collective societies are mandatory. Second, and the main focus of this case comment, how should the fair dealing doctrine be interpreted with respect to the purpose of education. The Federal Court of Appeal upheld the Federal Court decision that York University Fair dealing Guidelines did not meet the fair dealing requirements in copyright law. This case comment highlights how the Federal Court and Federal Court …
Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson
Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson
Michigan Technology Law Review
For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale.
Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and …
Our Brains Beguil'd: Copyright Protection For Ai Created Works, Vicenc Feliu
Our Brains Beguil'd: Copyright Protection For Ai Created Works, Vicenc Feliu
Faculty Scholarship
No abstract provided.
The Abuse Of The Author's Moral Rights* By The Heirs, Mohammad Al-Shammari Al-Shammari, Aymen Masadeh
The Abuse Of The Author's Moral Rights* By The Heirs, Mohammad Al-Shammari Al-Shammari, Aymen Masadeh
UAEU Law Journal
This study examines the applicability of the "abuse of right" doctrine in the field of the author's moral right. This right is distinguished by its special nature as it reflects and is attached to the author's personality. This makes it difficult for any person except the author to determine the actual benefits and advantages of such a right. However, when this moral right moves to the heirs, it can be a subject of conflict of interests that requires the reasonable use of this right by the heirs.
The subject of this study is dealt with under both the Jordanian and …
Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher
Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher
Kernochan Center for Law, Media, and the Arts
This Note argues that the traditional legal framework for analyzing a work of alleged criticism as fair use is particularly constraining for YouTube reaction videos and other audiovisual forms of criticism that largely critique or comment on an original work in a non-spoken, visual manner. It discusses the emphasis that the current fair use jurisprudence places on spoken and written critical elements when undertaking a fair use analysis of a work of criticism, then advocates for a new conception of fair use criticism that incorporates film-specific analytical techniques and concepts when analyzing the critical elements of online audiovisual works. Part …
“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?, Kate Camarata
“Ooh It Makes Me Wonder”: Do The Courts Finally Understand The Problems With Copyright Infringement And Pop Music?, Kate Camarata
Seattle University Law Review
The interaction between music and law is unique to copyright litigation. Music is “commonly regarded as a rule-free zone,” whereas the law is structured and, in essence, the “origin for rules.” This Note explores the inherent weaknesses with the substantial similarity test for copyright infringement as it relates to popular music through the lens of the recent Ninth Circuit case, Skidmore v. Led Zeppelin.
Part I of this Note reviews the history and purpose of copyright protection as well as explains the current tests utilized by courts in copyright infringement cases. Additionally, it will also show the difficulties of …
Kernochan Center News - Spring 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Spring 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Kernochan Center News - Winter 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Winter 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Kernochan Center News - Fall 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Fall 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Kernochan Center News - Early Summer 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Early Summer 2021, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael P. Goodyear
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael P. Goodyear
Vanderbilt Journal of Entertainment & Technology Law
Bollywood and the Indian film industry have enjoyed enormous success, being among the largest movie producers in the world. Yet, despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, from US and other international films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty years, …
Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu
Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu
Copyright, Fair Use, Scholarly Communication, etc.
Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with …
Comment On Andy Warhol Found. For The Visual Arts, Inc. V. Goldsmith, 992 F.3d 99 (2d Cir. 2021), Jane C. Ginsburg
Comment On Andy Warhol Found. For The Visual Arts, Inc. V. Goldsmith, 992 F.3d 99 (2d Cir. 2021), Jane C. Ginsburg
Faculty Scholarship
The Second Circuit’s decision in Andy Warhol Foundation v. Goldsmith retreats both from its prior caselaw’s generous characterization of artistic reuse as “transformative,” and from the outcome-determinacy of a finding of “transformativeness.” The decision suggests both that courts may be applying a more critical understanding of what “transforms” copied content, and that courts may be reforming “transformative use” to reinvigorate the other statutory factors, particularly the inquiry into the impact of the use on the potential markets for or value of the copied work. The court also provided an important explanation of copyrightable authorship in photographs.
In addition to analyzing …
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Applicable Law, Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille Van Eechoud, Jane C. Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz, Dário Moura Vicente
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Applicable Law, Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille Van Eechoud, Jane C. Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz, Dário Moura Vicente
Faculty Scholarship
The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional principle of the lex loci protectionis for the existence, transferability, scope and infringement of intellectual property rights. The law applicable to the initial ownership of registered rights is governed by the lex loci protectionis whereas the law of the closest connection is applied to determine the ownership of copyright. For contracts, freedom of choice is acknowledged. With regard to ubiquitous or multi-state infringement and …
Authoring The Law, Shyamkrishna Balganesh
Authoring The Law, Shyamkrishna Balganesh
Faculty Scholarship
Copyright law denies protection to legal texts through a rule known as the “government edicts doctrine”. Entirely a creation of nineteenth century courts, the government edicts doctrine treats expression produced by lawmakers in the exercise of their lawmaking function as altogether uncopyrightable. Despite having been in existence for over a century, the doctrine remains shrouded in significant mystery and complexity. Lacking statutory recognition, the doctrine has come to be seen as driven by open-ended considerations of “public policy” that draw on the overarching importance of public access to laws. In its decision in Georgia v. Public.Resource.Org., Inc., the Supreme …
Letter To Council Members Regarding Council Draft 5, Jane C. Ginsburg, June M. Besek
Letter To Council Members Regarding Council Draft 5, Jane C. Ginsburg, June M. Besek
Faculty Scholarship
We understand that the ALI Council will consider Council Draft 5 (CD5) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on January 20-21, 2021. We appreciate the opportunity to provide comments on CD5. We hope that you will give careful consideration to these comments and send CD5 back to the Reporters to address the problems we describe below.
Conundra Of The Berne Convention Concept Of The Country Of Origin, Jane C. Ginsburg
Conundra Of The Berne Convention Concept Of The Country Of Origin, Jane C. Ginsburg
Faculty Scholarship
This essay explores one of the most important, but occasionally intractable, issues under the Berne Convention, the concept of Country of Origin. Article 5(4) of that treaty defines a work’s country of origin, but leaves out several situations, leaving those who interpret and apply the treaty without guidance in ascertaining the country of origin. I will call those situations the “Conundra of the country of origin,” and will explore two of them here. First, what is the country of origin of an unpublished work whose authors are nationals of different countries? Second, what is the country of origin of a …
Memes And Copyright: Article 13, Branding, And Digital Remix Culture, Yasemin Beykont
Memes And Copyright: Article 13, Branding, And Digital Remix Culture, Yasemin Beykont
Theses and Dissertations
This study investigates the impact of the EU digital copyright directive, Article 13, on memes and internet culture. Due to their transformative nature, it is tricky to fit memes into a traditional copyright framework. Article 13’s filter algorithms will be coded to detect posts that make use of intellectual property, thereby complicating the use of copyrighted images drawn from film and television. This study includes a discourse analysis of news coverage of Article 13 to explore how various groups characterized the value of meme culture and the threats posed by the new directive. It also includes a textual analysis of …
Hocus Pocus: The Magic Within Trade Secret Law, Marianna L. Markley
Hocus Pocus: The Magic Within Trade Secret Law, Marianna L. Markley
Journal of Intellectual Property Law
This Note will discuss why trade secret law is the most appropriate form of IP protection for magicians seeking to protect their secrets. First it will discuss the background information on IP protections offered to magicians, specifically within copyright, patent, and trade secret law. After examining previous cases in which magicians have sought protection for their work using each of these different types of IP laws, it will then analyze why trade secret law is the best form of IP protection for magicians.
Fair Use Factor Four Revisited: Valuing The "Value Of The Copyrighted Work", Jane C. Ginsburg
Fair Use Factor Four Revisited: Valuing The "Value Of The Copyrighted Work", Jane C. Ginsburg
Faculty Scholarship
Recent caselaw has restored the prominence of the fourth statutory factor – “the effect of the use upon the market for or value of the copyrighted work” – in the fair use analysis. The revitalization of the inquiry should also occasion renewed reflection on its meaning. As digital media bring to the fore new or previously under-examined kinds of harm, courts not only need to continue refining their appreciation of a work’s markets. They must also expand their analyses beyond the traditional inquiry into whether the challenged use substitutes for an actual or potential market for the work. Courts should …
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Substantial Similarity And Junk Science: Reconstructing The Test Of Copyright Infringement, Robert F. Helfing
Fordham Intellectual Property, Media and Entertainment Law Journal
As the standard of copyright infringement, “substantial similarity” is an ambiguous concept that produces unpredictable decisions often inimical to the purposes of copyright law. This Article explains the deficiencies of infringement tests based upon that standard. It also provides an innovative interpretation of copyright protection and presents a new test of infringement designed to directly determine whether that protection has been violated.
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser
Fordham Intellectual Property, Media and Entertainment Law Journal
Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …
What Didn't Happen: An Essay In Speculation, Peter Jaszi
What Didn't Happen: An Essay In Speculation, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
Most of us held off celebrating the beginning of a renewed slow trickle of works into copyright's public domain until the first seconds of New Year's Day, 2019, but (if it hadn't been so early in the day), we would have been entitled to raise a glass at 4:04 PM on the preceding December 27th, when the last substantive business undertaken in 2018 by either house of Congress was concluded in the Senate. (Like the House, which wrapped up its business at 4:02, the World's Greatest Deliberative Body had convened that day at 4:00.) At that moment, a last-minute push …
The “Foul” Protection For A Photographer’S Original And Creative Choices In A Photograph: Exploring The Implications Of Rentmeester V. Nike, Inc. On Creativity In Photography, Olivia Lattanza
Touro Law Review
No abstract provided.
Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane C. Ginsburg, Irene Caboli
Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane C. Ginsburg, Irene Caboli
Faculty Scholarship
This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …