Real Copyright Reform,
2010
University of Michigan Law School
Real Copyright Reform, Jessica D. Litman
Articles
A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright …
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause,
2010
Benjamin N. Cardozo School of Law
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Grapes Of Wrathful Heirs: Terminations Of Transfers Of Copyright And "Agreements To The Contrary",
2010
Benjamin N. Cardozo School of Law
The Grapes Of Wrathful Heirs: Terminations Of Transfers Of Copyright And "Agreements To The Contrary", Michael J. Bales
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The New Trend: Protecting American Fashion Designs Through National Copyright Measures,
2010
Benjamin N. Cardozo School of Law
The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc.,
2010
Benjamin N. Cardozo School of Law
Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Recent Development: The Anti-Counterfeiting Trade Agreement,
2010
Benjamin N. Cardozo School of Law
Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reproduction, Distribution, And "Making Available",
2010
University of Richmond - School of Law
Reproduction, Distribution, And "Making Available", James Gibson
Law Faculty Publications
When an individual makes a music or movie file available for downloading by others, without the permission of the copyright owner, is that an infringing act? Or does infringement take place only when the file is actually downloaded?
This thorny copyright issue is at the heart of much of the controversy over file-sharing. It’s relatively simple for a copyright owner to prove that a file has been made available for download, but it’s much harder to prove that a download has actually occurred. So if liability attaches to the mere act of “making available,” record labels and movie studios will …
As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc.,
2010
Benjamin N. Cardozo School of Law
As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc., Ellie Mercado
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Blues Lives: Promise And Perils Of Musical Copyright,
2010
Northwestern University School of Law
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China,
2010
Stanford Law School
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain,
2010
Benjamin N. Cardozo School of Law
The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain, David C. Johnston
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law,
2010
Benjamin N. Cardozo School of Law
When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Distribution, I Presume: A Role For Presumptions In Establishing The "Making Available" Right,
2010
Benjamin N. Cardozo School of Law
Distribution, I Presume: A Role For Presumptions In Establishing The "Making Available" Right, Joe Weissman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reconciling Fair Use And Trademark Use,
2010
University of California, Hastings College of Law
Reconciling Fair Use And Trademark Use, Margreth Barrett
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor,
2010
Benjamin N. Cardozo School of Law
The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor, Liliana Chang
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Almost Famous: Preventing Username-Squatting On Social Networking Websites,
2010
Benjamin N. Cardozo School of Law
Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity,
2010
National University of Singapore
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006,
2010
Yeshiva University, Cardozo School of Law
The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006, Justin Hughes, Diane Artal
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Ramifications Of Joint Infringement Theory On Emerging Technology Patents,
2010
Southern Methodist University, Dedman School of Law
Ramifications Of Joint Infringement Theory On Emerging Technology Patents, W. Keith Robinson
Faculty Journal Articles and Book Chapters
Two cases decided by the U.S. Court of Appeals for the Federal Circuit articulate the standards for joint infringement. In BMC Resources, Inc. v. Paymentech, L.P., the court ruled that to find liability in situations where steps of a method claim are performed by multiple parties, the entire method must be performed at the control or direction of the alleged direct infringer — the mastermind. Approximately one year later, in Muniauction, Inc. v. Thomson Corp., the Federal Circuit clarified that “the control or direction standard is satisfied in situations where the law would traditionally hold the accused direct infringer vicariously …
Protection For Works Of Foreign Origin Under The 1909 Copyright Act,
2010
Santa Clara University School of Law
Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa
Faculty Publications
One of the principal goals of the 1909 Copyright Act was to simplify and streamline the formalities required to obtain copyright protection. Before the 1909 Copyright Act, authors had to register their works before publication in order to be eligible for copyright protection; and notice of the registration had to be included on all copies published in the United States. If a work was published anywhere in the world before registration, or if the notice was omitted when the work was published domestically, the work went into the public domain. Under the 1909 Act, however, authors only had to publish …
