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Full-Text Articles in Social and Behavioral Sciences
Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon
Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon
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This essay, however, does not press any particular agenda; rather, it tries to make our thinking about the topic more flexible. It is my hope that some conduct-specific rule as was adopted in the defamation context will eventually be adopted for intellectual property. Copyright law cannot continue forever closing its eyes and hoping its house will stop being haunted.
Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon
Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon
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This article makes a simple suggestion. Copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Copyright. When new artists make transformative use of existing works in settings not characterized by pre-use commercial negotiations, copyright should avoid imposing a distorting burden.
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
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Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
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Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
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The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.
Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon
Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon
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In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
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For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
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Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.