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Articles 1 - 6 of 6
Full-Text Articles in Intellectual Property Law
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Michigan Telecommunications & Technology Law Review
Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …
Copyrighting Facts, Michael S. Green
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
William & Mary Bill of Rights Journal
The decision in Random House v. RosettaBooks has the potential to transform the publishing industry and the licensing agreements so commonly relied upon. Courts have attempted to reconcile application of the new use doctrine for decades, and yet with every conceived new use there is another interpretation of the rules of the copyright game. In this Note, the author examines the Random House decision in light of the New Use Doctrine and proposes contract-based solutions to new use issues that may avoid the uncertainty of the doctrine as it currently stands.
'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer
'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer
Matthew Rimmer
Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Dmca And The Regulation Of Scientific Research, Joseph Liu
The Dmca And The Regulation Of Scientific Research, Joseph Liu
Joseph P. Liu
This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The …