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Articles 601 - 630 of 2091
Full-Text Articles in Intellectual Property Law
Dr. Seuss, The Juice And Fair Use Revisited: Two Decades Of Parody And Satire In Copyright Law, Tyler T. Ochoa
Dr. Seuss, The Juice And Fair Use Revisited: Two Decades Of Parody And Satire In Copyright Law, Tyler T. Ochoa
Faculty Publications
This essay will summarize some of the salient features and arguments made in the original article. It will also analyze copyright infringement cases in the last 20 years applying the fair use doctrine to parody and satire.
Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma
Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma
Marquette Sports Law Review
None
Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson
Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson
VCU Libraries Faculty and Staff Publications
Everyone is a publisher, a maker, or a creator in the digital age, and understanding copyright is a foundational skill. Artists, designers, and arts scholars need acute awareness of the legal landscape and fair use. To help meet this need, Virginia Commonwealth University (VCU) Libraries, in concert with the VCU School of the Arts, created a series of programs on the nuances of copyright for artists, designers, and art scholars.
Intellectual Property And Culture, Lucie Guibault
Intellectual Property And Culture, Lucie Guibault
Articles, Book Chapters, & Popular Press
This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions' vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; and 3) the need to let culture evolve, through the protection of Traditional Cultural Expressions (TCE's). This brief study shows that, although IP rights can be said to afford useful protection to objects of culture – taken in the narrow sense of ‘culture’, they can also …
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Articles, Book Chapters, & Popular Press
Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. …
Licensing & Law Who Owns An Avatar?, Tyler T. Ochoa, Jaime Banks
Licensing & Law Who Owns An Avatar?, Tyler T. Ochoa, Jaime Banks
Faculty Publications
Both players and game developers have great influence over how avatars—via their assembled components— manifest in digital game play. Developers craft their foundational platforms and draw on those infrastructures to craft dynamic code that enables movements, appearances, and abilities. But those potentials call into question whether avatars are avatars until they are played—players click avatars into being, customize their bodies and attire, drive their actions and interactions, and sometimes bring them outside the game world through physical representations. So, given avatars’ joint reliance on developers and players, and given legal frameworks such as copyright law, who really “owns” a video …
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Faculty Scholarship
No abstract provided.
To Be, Or Not To Be: The Potential Consequences Of Granting Copyright Protection For Stage Directions, Laura Temme
To Be, Or Not To Be: The Potential Consequences Of Granting Copyright Protection For Stage Directions, Laura Temme
Cybaris®
No abstract provided.
Set Your Settings On Private? Copyright In Era Of Social Media Usage, Maddie Wagner
Set Your Settings On Private? Copyright In Era Of Social Media Usage, Maddie Wagner
Cybaris®
No abstract provided.
Good Times Bad Times For The Music Industry: "If The Levee Breaks" It Might Leave Musicians "Dazed And Confused", Nathaniel J. Ajouri
Good Times Bad Times For The Music Industry: "If The Levee Breaks" It Might Leave Musicians "Dazed And Confused", Nathaniel J. Ajouri
Cybaris®
No abstract provided.
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Faculty Publications & Other Works
In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
University of Richmond Law Review
No abstract provided.
Critical Race Ip, Deidre Keller
Critical Race Ip, Deidre Keller
Journal Publications
In this Article, written on the heels of Race + IP 2017, a conference we co-organized with Amit Basole1 and Jessica Silbey,we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP).Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we articulate …
Technological Rights Accretion, Kristelia A. García
Technological Rights Accretion, Kristelia A. García
Publications
No abstract provided.
Why A Monkey’S Action Of Taking A Selfie Should Expand The Definition Of An Author In The Copyright Act, David Schneider
Why A Monkey’S Action Of Taking A Selfie Should Expand The Definition Of An Author In The Copyright Act, David Schneider
Touro Law Review
No abstract provided.
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
Scholarly Works
In March 2017 the United States Supreme Court held in Star Athletica L.L.C. v. Varsity Brands Inc. that an artistic feature incorporated into the design of a useful article could be protected by copyright when that feature could be perceived as a two- or three-dimensional work of art separate from the useful article, and imagined separately as a protectable pictorial, graphic, or sculptural work. This two-part test replaces a variety of tests which courts and commentators proposed and applied during the last 40 years. The Star Athletica decision is predicted to be a boon to the fashion and apparel industry, …
Preserving Film Preservation From The Right Of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Preserving Film Preservation From The Right Of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Cardozo Law Review de•novo
In this comment, we argue that whatever courts and legislatures decide to do about the other issues raised by digital animation, they should preserve the ability to use digital technology to restore and remaster existing works. In this case, at least, the benefits of digital reanimation thoroughly swamp any possible costs (and frankly, we have a hard time finding any meaningful costs). Courts and legislators should ensure that publicity rights are never allowed to trump society’s interest in having access to already created works of culture.
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
Scholarly Works
The transformative use standard, which is an important aspect of copyright law’s fair use doctrine, has been confusing and uncertain since 1994 when it was first introduced by the United States Supreme Court in Campbell v. Acuff-Rose Music. To try to make some sense of this standard, this article extends the work of several scholars who have argued that the massive amount of fair use case law generally divides itself into categories, patterns or policy clusters which have their own internal coherence. This article contends that these observations apply as well to transformative use decisions more particularly, which similarly fit …
H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused
H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused
Other Publications
No abstract provided.
Copyright As Market Prospect, Shyamkrishna Balganesh
Copyright As Market Prospect, Shyamkrishna Balganesh
Faculty Scholarship
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts – principally trespass and negligence – in order to understand copyright’s structure of entitlement and liability. This focus on property – and harm-based torts – has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant’s volitional actions interfere with a …
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
All Faculty Publications
This article discusses the application of the presumption of conformity with international law in the context of copyright. Although Canadian courts have applied the presumption of conformity in a number of copyright cases, no Canadian court has explicitly considered, under the presumption of conformity, whether interpretations of provisions of the Copyright Act are consistent with, or reflect the values and principles of, international human rights treaties that Canada has signed and ratified. In this article, I will argue that Canadian courts applying the presumption of conformity in the context of copyright should do so with reference to Canada’s obligations under …
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
The relationship between intellectual property (IP) protection and economic development is not better understood today than it was five decades ago at the height of the independence era in the Global South. Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law's objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These …
Claiming Design, Mark P. Mckenna
Claiming Design, Mark P. Mckenna
Journal Articles
Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of intellectual property usually protect different aspects of a product. In the design context, however, precisely the same features are often subject to design patent, trademark, and copyright protection-and parties commonly claim more than one of those forms. Yet, as we show, the claiming regimes of these three forms of design protection differ in significant ways: the timing of claims; claim format (particularly whether the claims are visual or verbal); the multiplicity of claims (whether and how one can make multiple …
Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg
Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg
Faculty Scholarship
Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. The spillover effect may indeed have been inevitable, as several of the cases in which the fair use defense …
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
Maine Law Review
The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …
Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn
Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn
Maine Law Review
The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are …
Book Review: Choreographing Copyright: Race, Gender, And Intellectual Property Rights In American Dance By Anthea Kraut, Carys Craig
Articles & Book Chapters
Dance may be one of the world’s oldest art forms, but it is a relatively recent entrant into the sphere of copyright law—and remains something of an afterthought amongst copyright lawyers and scholars alike. For copyright scholars, at least, that should change with the publication of Anthea Kraut’s CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE. Kraut performs a fascinating exploration of the evolution of choreographic copyright—sweeping, political, polemical—that should leave no one in doubt as to the normative significance of choreography as a subject matter of copyright law and policy. Nor should doubt remain as to …
Honest Copying Practices, Joseph P. Fishman
Honest Copying Practices, Joseph P. Fishman
Vanderbilt Law School Faculty Publications
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital duplication to laborious handmade re-creation. Policymakers around the world face a choice whether such distinctions should affect liability. The two branches of intellectual property that condition liability on actual copying, copyright and trade secrecy, give different answers. Both in the United States and elsewhere, trade secrecy regimes distinguish between copying methods deemed illegitimate and those deemed legitimate, what international treaties call “honest commercial practices.” Copyright regimes, …
Three Strikes For Copyright, Jessica Silbey
Three Strikes For Copyright, Jessica Silbey
Faculty Scholarship
How should copyright law change to take account of the internet? Should copyright expand to plug the internet’s leakiness and protect content that the internet would otherwise make more freely available? Or, should copyright relax its strict liability regime given diverse and productive reuses in the internet age and the benefits networked diffusion provides users and second-generation creators? Answering these questions depends on what we think copyright is for and how it is used and confronted by creators and audiences. In a new article studying these questions in the very focused setting of Wikipedia articles about baseball and baseball players …
The Liberty To Copy Unpatented Inventions, Boston University, Wendy J. Gordon
The Liberty To Copy Unpatented Inventions, Boston University, Wendy J. Gordon
BU Law Presentations
Poster for Wendy Gordon's 2017 University Lecture