Intellectual Property Law Commons^™

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.

Alternative Dispute Resolution In Real Estate Matters: The New York Experience, Gerald Lebovits, Lucero Ramirez Hidalgo

Cardozo Journal of Conflict Resolution

This article is intended to provide an overview of the available ADR options in New York for individuals and those in the real estate industry and the advantages and disadvantages as compared to litigation. The first section examines the different forms of ADR available to the real estate consumer. The second notes the general advantages and disadvantages of these ADR processes. The third looks at the particular advantages of ADR in real estate cases. The fourth presents an overview of different ADR programs promoted in New York to resolve real estate disputes.

Expanding The Brand: The Case For Greater Enforcement Of Mandatory Mediation In Trademark Disputes, Max Vilenchik

Cardozo Journal of Conflict Resolution

Currently, far too many trademark disputes that could have been settled outside of court end up in litigation. While alternative dispute resolution (ADR) has become more prevalent in other areas of the law, many trademark attorneys and their clients do not regularly consider ADR processes, such as mediation, as one of their options because these processes are still relatively new to the trademark law area. This Note will propose that mandatory trademark mediation programs be expanded to ensure that trademark cases that are well suited for mediation end up in mediation rather than in mounting court dockets.

In Section I, …

Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

This article discusses the intertwining of creative and copyright practices, as demonstrated by the emergence and evolution of standards to assess fair use in online video from 2007-2009. The development of such standards demonstrates the effectiveness of community-based standards to expand the utility of fair use and the importance of practice in affecting the interpretation of law. This process demonstrates the relationship between copyright practice and creative practice.

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Kentucky Law Journal

No abstract provided.

Using Competition Law To Promote Access To Knowledge, Sean Flynn

Contributions to Books

One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K movement’s advocacy for limitations of intellectual property rights is located within the field of intellectual property law – promoting the inclusion and use of balancing mechanisms within the laws granting intellectual property rights. But intellectual property rights are also shaped and limited by their interaction with other …

The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Opening The Doors To Digital Libraries: A Proposal To Exempt Digital Libraries From The Copyright Act, Christopher Van Le

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead, Volume 1 Issue 2 (2010)

Journal of Law, Technology, & the Internet

No abstract provided.

Locke's 1694 Memorandum (And More Incomplete Copyright Historiographies), Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project

Articles

Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range of uses of creative works of authorship, and, in so doing, it helps educate our populace, enrich our culture, and promote free speech, free expression, and democratic values. It provides opportunities for rights holders to recoup investments in creating and disseminating their works and to enjoy the fruits of whatever success arises from the public's uses of their works. In the process, copyright also plays a role in regulating new technologies and services through which creative works may be accessed. A well-functioning …

Cultivating Farmers' Rights: Reconciling Food Security, Indigenous Agriculture, And Trips, Lauren Winter

Vanderbilt Journal of Transnational Law

This Note discusses strategies for cultivating Farmers' Rights internationally. The rise of international treaties awarding intellectual property rights in plant genetic resources to plant breeders brought with it an erosion of agricultural biodiversity as well indigenous farmer lifestyles. Farmers' Rights emerged in recognition of the role of traditional farmers play in conserving, creating, and promoting genetic diversity in the food supply and of the importance of maintaining traditional agriculture practices. This Note argues that Farmers' Rights can be realized internationally through concerted effort. The Note proposes that Farmers' Rights could be realized if national governments create laws and infrastructure that …

Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Grapes Of Wrathful Heirs: Terminations Of Transfers Of Copyright And "Agreements To The Contrary", Michael J. Bales

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reproduction, Distribution, And "Making Available", James Gibson

Law Faculty Publications

When an individual makes a music or movie file available for downloading by others, without the permission of the copyright owner, is that an infringing act? Or does infringement take place only when the file is actually downloaded?

This thorny copyright issue is at the heart of much of the controversy over file-sharing. It’s relatively simple for a copyright owner to prove that a file has been made available for download, but it’s much harder to prove that a download has actually occurred. So if liability attaches to the mere act of “making available,” record labels and movie studios will …

As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc., Ellie Mercado

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain, David C. Johnston

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Distribution, I Presume: A Role For Presumptions In Establishing The "Making Available" Right, Joe Weissman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconciling Fair Use And Trademark Use, Margreth Barrett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor, Liliana Chang

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006, Justin Hughes, Diane Artal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Wisdom Of Legislating For Anticipated Technological Advancements, Yvette Joy Liebesman

All Faculty Scholarship

The past four decades have been witness to the realization of ideas which, when first contemplated, seemed to resemble the prose of science fiction writers. Some seemingly far-fetched notions, such as robot pets, anti-sleeping pills, and ugly unisex jumpsuits, are now readily available. However, there are currently no colonies on the moon, and we are all still waiting to order our personal jetpacks from Amazon.com. Some are likely to remain in the realm of science fiction and will only be realized with the help of movie and television special effects artists. Yet through these entertaining glimpses into a potential future, …