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Copyright infringement

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Articles 211 - 240 of 287

Full-Text Articles in Intellectual Property Law

Copyright Infringement And Poetry: When Is A Red Wheelbarrow The Red Wheelbarrow?, Jennifer Understahl Apr 2005

Copyright Infringement And Poetry: When Is A Red Wheelbarrow The Red Wheelbarrow?, Jennifer Understahl

Vanderbilt Law Review

Copyright does not protect facts or ideas, but only an author's original expression. Often, though, it is difficult to distill protected expression from unprotected ideas or facts that reside in the public domain. Copyright protection for poetry is particularly problematic because a poem's ideas are often intertwined with a poem's sounds, shape, and images. It is often not only difficult to extract ideas from a poem's surface, but once ideas are "discovered," it may even be difficult to articulate exactly what these main ideas or themes are. William Carlos Williams' poem, The Red Wheelbarrow, one of the most famous twentieth …

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God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag Apr 2005

God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag

Michigan Telecommunications & Technology Law Review

Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …

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The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton Mar 2005

The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton

Washington and Lee Law Review

The Digital Millennium Copyright Act (DMCA) has been criticized for many reasons, including its impact on the fair use defense to copyright infringement, and its potential to chill the free exchange of scientific, technical, and educational information. Law professors and special interest groups have opposed elements of the DMCA from its inception and continue to lobby for reform. One of the more recent concerns about the DMCA involves the incorporation of copyrightable software code into tangible goods for purposes related to the functionality of those goods. Some manufacturers of such products recently have attempted to use the DMCA to prevent …

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The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp Jan 2005

The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp

Vanderbilt Journal of Entertainment & Technology Law

Because copyright law is meant to protect creativity, there must be a means by which the U.S. government can offer some guarantee to the creators of a reality show that their creative output will be guarded against copying which diminishes the show's value. Therefore, this note seeks to answer the question: "what can we do to provide a reasonable level of protection against infringement to the creators of a new concept for a reality show?" Part I of this note provides a brief overview of the law regarding copyright infringement with particular emphasis on the unique protection afforded a compilation …

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Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams Jan 2005

Sanitizing The Obscene: Fighting For The Right To Edit Objectionable Film Content, Darcy Williams

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Copyright Infringement In The Indian Film Industry, Rachana Desai Jan 2005

Copyright Infringement In The Indian Film Industry, Rachana Desai

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …

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Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola Oct 2004

Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola

Michigan Telecommunications & Technology Law Review

Section 1201(a)(1) of the Copyright Act prohibits the act of "circumvent[ing] a technological measure that effectively controls access to a work," including, for example, by-passing password protection or encryption intended to restrict access to paying customers. Section 1201(a)(2) prohibits the manufacture or sale of "any technology, product, service, device, component, or part thereof" primarily designed for the purpose of circumventing access controls on copyrighted works. Additionally, § 1202(b) prohibits the manufacture or sale of products, devices or services primarily designed to circumvent "a technological measure that effectively protects a right of a copyright owner"--for example, a technological measure intended to …

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Case Comment: Society Of Composers, Authors And Music Publishers Of Canada V. Canadian Association Of Internet Service Providers, Barry Sookman Aug 2004

Case Comment: Society Of Composers, Authors And Music Publishers Of Canada V. Canadian Association Of Internet Service Providers, Barry Sookman

Canadian Journal of Law and Technology

The exponential growth of the Internet has raised serious issues related to liability for copyright infringement. Who should compensate authors and publishers for the use of their works? What activities constitute infringement? Are Internet intermediaries such as Internet service providers (ISPs) liable for infringement when they provide connectivity to subscribers, when they provide hosting services, or when they use caching technologies? Where does infringement occur? Is the scope of the Copyright Act limited to acts of infringement that occur wholly within Canada or does the Act apply to acts that take place partly in Canada and partly outside of Canada? …

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Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog Apr 2004

Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog

Michigan Telecommunications & Technology Law Review

The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …

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Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes Apr 2004

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

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From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans Apr 2004

From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans

Michigan Telecommunications & Technology Law Review

If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …

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Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian Jan 2004

Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian

Vanderbilt Journal of Entertainment & Technology Law

Imitation may indeed be flattering, but at least in the world of music, too much imitation is illegal. Copyright law protects "original works of authorship fixed in any tangible medium of expression. "It guarantees the owner of a copyrighted work the exclusive right to reproduce, distribute, display, and publicly perform the work, among other rights. To the owner of a copyright in music, that means that no one else may perform the musical work, or make or distribute copies of the original manuscript or a recording of the work, without the permission of the copyright owner.'

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Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun Jan 2004

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …

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Nonconventional Musical Analysis And Disguised Infringement: Clever Musical Tricks To Divide The Wealth Of Tin Pan Alley , Mark Avsec Jan 2004

Nonconventional Musical Analysis And Disguised Infringement: Clever Musical Tricks To Divide The Wealth Of Tin Pan Alley , Mark Avsec

Cleveland State Law Review

This article argues that "disguised" infringement is oxymoronic and demagogic, and that the "nonconventional" musical analytical techniques employed to diagnose it are misguided. If an expert cannot tell that two pieces of music are similar by traditional methods, that is probably because they are not similar. Part II of this article chronicles the role of the musical expert as it has been carved out over time. Part III exposes the expert's traditional methods for comparing musical compositions. Part IV explores nonconventional analytical techniques, explains why they are misapplied when employed to detect "disguised" plagiarism and illustrates why Judge Frank would …

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A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer Jan 2004

A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa Jan 2004

Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa

Faculty Publications

The Copyright Act gives a copyright owner the exclusive right "to prepare derivative works based on the copyrighted work." Does the Copyright Act require that a derivative work be "fixed in a tangible medium of expression" in order to be infringing? Existing case law is contradictory, stating both that a derivative work does not need to be "fixed" but that it does need to be embodied in some "concrete or permanent form." This contradiction stems from the fact that although the statutory language does not appear to require fixation, reading the statutory language literally would render illegal merely imagining a …

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Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn Jan 2003

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn

Seattle University Law Review

Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part …

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Peer-To-Peer Combat: The Entertainment Industry's Arsenal In Its War On Digital Piracy, Matthew C. Mousley Jan 2003

Peer-To-Peer Combat: The Entertainment Industry's Arsenal In Its War On Digital Piracy, Matthew C. Mousley

Villanova Law Review (1956 - )

No abstract provided.

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The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss Jan 2003

The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss

Vanderbilt Journal of Entertainment & Technology Law

This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.

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Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller Jan 2003

Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian Oct 2002

Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian

Michigan Telecommunications & Technology Law Review

The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …

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Paradigm Shifts And Access Controls: An Economic Analysis Of The Anticircumvention Provisions Of The Digital Millennium Copyright Act, Melissa A. Kern Jun 2002

Paradigm Shifts And Access Controls: An Economic Analysis Of The Anticircumvention Provisions Of The Digital Millennium Copyright Act, Melissa A. Kern

University of Michigan Journal of Law Reform

This Note addresses the broadened scope of protection granted to copyright holders under the anticircumvention provisions of the Digital Millennium Copyright Act of 1998 (DMCA). This broadened scope extends to copyright holders the right to control access to their works, diminishing the consumer's 'fair use" of those works that previously served as a defense to alleged copyright infringements. While access controls are supported by economists who believe they are useful in correcting market inefficiencies and excluding free riders, this Note suggests that access controls cannot correct all market inefficiencies. Furthermore, such access controls deny access and use of copyrighted material …

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Internet Law - Surfing Without A Board? A Look At Copyright Infringement On The Internet And Article I Of The Digital Millennium Copyright Act, Dexter M. Campbell Iii Jan 2002

Internet Law - Surfing Without A Board? A Look At Copyright Infringement On The Internet And Article I Of The Digital Millennium Copyright Act, Dexter M. Campbell Iii

Campbell Law Review

This comment first includes a brief history of the Internet, its growth, and how the population is using the Internet in daily life. Second, this comment will give some basic definitions of copyright infringement and key Internet terms. Third, the comment will address cases in the area of copyright infringement on the Internet to demonstrate both the uncertainty and unpredictability of the law on the Internet. Fourth, this comment will focus on Congress' attempt to address some of the uncertainties through the Digital Millennium Copyright Act (DMCA). Finally, the conclusion will address some recent criticism of the DMCA.

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Revenge Of The Record Industry Association Of America: The Rise And Fall Of Napster, Vickie L. Feeman Jan 2002

Revenge Of The Record Industry Association Of America: The Rise And Fall Of Napster, Vickie L. Feeman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman Jan 2002

Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman

West Virginia Law Review

No abstract provided.

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Introduction, Gregory P. Magarian Jan 2002

Introduction, Gregory P. Magarian

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll Jan 2002

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Napster: The Case For The Need For A Missing Direct Infringer, Llewellyn Joseph Gibbons Jan 2002

Napster: The Case For The Need For A Missing Direct Infringer, Llewellyn Joseph Gibbons

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Is Proof Of Access Still Required - Proving Copyright Infringement Using The Strikingly Similar Doctrine: An Analysis Of The Fourth Circuit's Decision In Bouchat V. Baltimore Ravens, Inc., Henry J. Lanzalottie Jan 2002

Is Proof Of Access Still Required - Proving Copyright Infringement Using The Strikingly Similar Doctrine: An Analysis Of The Fourth Circuit's Decision In Bouchat V. Baltimore Ravens, Inc., Henry J. Lanzalottie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg Jan 2001

From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

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