Intellectual Property Law Commons^™

Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the …

Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport

The Journal of Business, Entrepreneurship & the Law

In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will discuss the …

Fair Use’S Unfinished Business, Rebecca Tushnet

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright’S Other Functions, Margaret Chon

Chicago-Kent Journal of Intellectual Property

This response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as …

Suspect Assertions Of Copyright, Edward Lee

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Challenges Of Following Good Advice About Copyright And The First Amendment, Alfred C. Yen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Sherlock Holmes & The Case Of The Contested Copyright, Jessica L. Malekos Smith

Chicago-Kent Journal of Intellectual Property

For generations, Sir Arthur Conan Doyle’s novels and short stories on the adventures of Sherlock Holmes have captivated the minds of readers and fueled a lucrative intellectual property market. The historical trajectory of international copyright protections to this literary canon, however, is an equally intriguing, if not mysterious, page-turner. This Note explores the procedural history of Klinger v. Conan Doyle Estate, Ltd., and examines how the literary characters of Sherlock Holmes and Dr. John H. Watson can simultaneously exist in the public domain, while certain story elements still remain under copyright protection in the United States until 2022.

Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.

Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen

Journal of Intellectual Property Law

No abstract provided.

That Carp Is No Keeper: Copyright Arbitration Royalty Panels - Change Is Needed, Here Is Why, And How, Stuart M. Maxey

Journal of Intellectual Property Law

No abstract provided.

When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden

Journal of Intellectual Property Law

No abstract provided.

What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.

Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald

Journal of Intellectual Property Law

No abstract provided.

The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway

Journal of Intellectual Property Law

No abstract provided.

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.

Journal of Intellectual Property Law

No abstract provided.

Introduction - L. Ray Patterson: Copyright (And Its Master) In Historical Perspective, Craig Joyce

Journal of Intellectual Property Law

No abstract provided.

A Functional Approach To Copyright Policy, Robert E. Suggs

University of Cincinnati Law Review

No abstract provided.

Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye

Law Faculty Popular Media

Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response.

It can be difficult to determine whether found footage is protected by copyright, who owns the …

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

Law Student Publications

This comment's purpose is to explore whether the principles announced in Kirtsaeng should apply to the patent exhaustion doctrine. Part I begins by examining the history of patent exhaustion jurisprudence. It also introduces the competing theories international exhaustion and territorial exhaustion. Part II analyzes the effect of the recent Supreme Court decision in Kirtsaeng on the exhaustion doctrine in copyright. Part III contends that exhaustion doctrine polices the same practical problems in copyright as it does in patent law. Finally, the conclusion argues for an extension of the Kirtsaeng holding to the patent exhaustion doctrine.

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

University of Richmond Law Review

No abstract provided.

A Copyright Right Of Publicity, Reid Kress Weisbord

Fordham Law Review

This Article identifies a striking asymmetry in the law’s disparate treatment of publicity-rights holders and copyright holders. State-law publicity rights generally protect individuals from unauthorized use of their name and likeness by others. Publicity-claim liability, however, is limited by the First Amendment’s protection for expressive speech embodying a “transformative use” of the publicity-rights holder’s identity. This Article examines for the first time a further limitation imposed by copyright law: when a publicity-rights holder’s identity is transformatively depicted in a copyrighted work without consent, the author’s copyright can produce the peculiar result of enjoining the publicity-rights holder from using or engaging …

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Journal of Intellectual Property Law

No abstract provided.

Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry

Journal of Intellectual Property Law

No abstract provided.

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.