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Articles 61 - 90 of 287
Full-Text Articles in Intellectual Property Law
Computerized Takedowns: A Balanced Approach To Protect Fair Uses And The Rights Of Copyright Owners, Steven M. Davis
Computerized Takedowns: A Balanced Approach To Protect Fair Uses And The Rights Of Copyright Owners, Steven M. Davis
Roger Williams University Law Review
No abstract provided.
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Publications
No abstract provided.
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Michigan Telecommunications & Technology Law Review
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it …
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers
Oklahoma Journal of Law and Technology
No abstract provided.
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Oklahoma Journal of Law and Technology
No abstract provided.
Stop Online Piracy Act, Nicollette Brandt
Stop Online Piracy Act, Nicollette Brandt
Oklahoma Journal of Law and Technology
No abstract provided.
Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews
Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews
The Journal of Business, Entrepreneurship & the Law
This Note focuses on the protection of a copyright holder against infringement in the form of film piracy. It centers on the recent litigation surrounding Dallas Buyers Club, a biographical film articulating the life and events surrounding an AIDS patient, diagnosed in the mid-1980s, who pursued experimental treatments by smuggling pharmaceuticals into the United States. In 2013, more than 4,700 Australian Internet users allegedly downloaded the film within the span of one month. In August of 2015, an Australian federal court declared that the studio behind the film would need to post a $600,000 bond before it could send letters …
Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia
Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia
Pace Intellectual Property, Sports & Entertainment Law Forum
This Note offers a comprehensive analysis of the current circuit split regarding how the de minimis doctrine applies to music sampling in copyright infringement cases. Since the Sixth Circuit's 2005 landmark decision in Bridgeport Music Inc. v. Dimension Films, critics, scholars and even judges have dissected the opinion and its bright line rule of “get a license or do not sample.” In May 2016, the Ninth Circuit issued its opinion in VMG Salsoul v. Ciccione. The Ninth Circuit explicitly declined to follow Bridgeport, holding that analyzing a music sampling copyright infringement case requires a substantial similarity analysis, including applying a …
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon
Faculty Scholarship
My own view is that Goold overstates the explanatory role of tort law. But even were that not the case, the courts need to reach some kind of “settled” understanding on these various interests before a cause of action is created or definitively rejected, and that no such consensus on the three matters mentioned yet exists, whether they are viewed as forms of tort or otherwise. Goold’s work may nevertheless be an important step toward reaching closure on these and other open questions in copyright law.
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold - Draft - 05-15-2017, Wendy J. Gordon
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold - Draft - 05-15-2017, Wendy J. Gordon
Scholarship Chronologically
Patrick Goold’s interesting new article, Unbundling the “Tort” of Copyright Infringement (“Unbundling”) centers on a key lack of clarity that Professor Goold perceives in the cause of action for copyright infringement. The lack of clarity, he argues, afflicts threshold definitions of what constitutes actionable copying.
Substantial Similarity: Kohus Got It Right, Gabriel Godoy-Dalmau
Substantial Similarity: Kohus Got It Right, Gabriel Godoy-Dalmau
Michigan Business & Entrepreneurial Law Review
This Note is organized as follows. Part I discusses the historical development of the substantial similarity inquiry and its role in a Plaintiff’s prima facie case of copyright infringement. Part II evaluates more recent developments in the substantial similarity inquiry. Part III argues that the various standards that lower courts have developed are themselves substantially similar to each other. This analysis is in line with the Sixth Circuit’s decision in Kohus. Although largely ignored by the scholarly community, the Sixth Circuit’s decision in Kohus got it right.
Fetishizing Copies, Jessica Litman
Fetishizing Copies, Jessica Litman
Book Chapters
Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy-fetish. This is the …
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
NYLS Law Review
No abstract provided.
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
NYLS Law Review
No abstract provided.
16 Casa Duse, Llc V. Merkin, Abbey Gauger
Copyright--My Story: A One-Woman Play, Corey Field
Copyright--My Story: A One-Woman Play, Corey Field
Georgia Journal of Law & Technology
No abstract provided.
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Georgia Journal of Law & Technology
No abstract provided.
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Georgia Journal of Law & Technology
No abstract provided.
A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro
A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro
Georgia Journal of Law & Technology
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Georgia Journal of Law & Technology
No abstract provided.
The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards
The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards
Georgia Journal of Law & Technology
No abstract provided.
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Georgia Journal of Law & Technology
No abstract provided.
How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega
Georgia Journal of Law & Technology
No abstract provided.
Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle
Tasini V. New York Times: Problem Of Unauthorized Secondary Usage Of An Author's Works, Ryan J. Swingle
Georgia Journal of Law & Technology
No abstract provided.
The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen
The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen
Georgia Journal of Law & Technology
No abstract provided.
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Folsom V. Marsh And Its Legacy, L. Ray Patterson
Georgia Journal of Law & Technology
No abstract provided.
The Music On Hold Case, Melissa De Zwart
The Music On Hold Case, Melissa De Zwart
Georgia Journal of Law & Technology
No abstract provided.
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Georgia Journal of Law & Technology
No abstract provided.
Scenes From The Copyright Office, Brian L. Frye
Scenes From The Copyright Office, Brian L. Frye
Law Faculty Scholarly Articles
This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Georgia Journal of Law & Technology
No abstract provided.