Topic
Copyright Law
450 published works
PropertyProf Blog
Miller on Copyright Originality
By propertyprof
Joseph Scott Miller (Lewis & Clark) has posted Hoisting Originality on SSRN. Here's the abstract:Copyright's originality standard is ripe for reappraisal. Many have described how copyright exclusion claims now intrude…
PropertyProf Blog
Parchomovsky and Stein on Originality in Copyright Law
By propertyprof
Gideon Parchomovsky (Penn) and Alex Stein (Yale/Cardozo) have posted Originality on SSRN. Here's the abstract:In this Essay we introduce a model of copyright law that calibrates authors' rights and liabilities…
PropertyProf Blog
Schultz on Live Performance and IP
By propertyprof
Mark F. Schultz (Southern Illinois) has posted Live Performance, Copyright, and the Future of the Music Business on SSRN. Here's the abstract:This article considers whether the emergence of business models…
Guide Through the Legal Jungle
Legality of Thumbnails May Depend on Your Location
Many websites incorporate thumbnails which are miniature versions of copyrighted works. In the United States, the legality of thumbnails goes through the four factors of the copyright fair use analysis.…
California Employment Law Update
Non-Compete Agreements Were Unenforceable
By Tony Oncidi
Asset Marketing Systems, Inc. v. Gagnon, 542 F.3d 748 (9th Cir. 2008) Kevin Gagnon, doing business as “Mister Computer,” alleged that his former customer, Asset Marketing Systems (“AMS”), infringed his…
Guide Through the Legal Jungle
Finding a Spot on Paintings and Sculptures for Copyright Notice
I recently spoke about copyright law with members of the Washington Sculptors Group. Pondering copyright law as it applies to visual artists made me think that a review of how…
Contemporary Intellectual Property, Licensing & Information Law
Copyright content providers lose control of a DVR market to cable companies.
Who should derive revenue from remote DVR systems? According to a panel of the Second Circuit Court of Appeals Cartoons case, the revenue should not go to the content providers. …
Contemporary Intellectual Property, Licensing & Information Law
Some courts are getting fair use analyses about transformative works wrong
Some courts mistakenly view transformative use as merely using a work in a way different from that which the copyright owner currently does. The true meaning is that transformative use…
Contemporary Intellectual Property, Licensing & Information Law
“Proprietary” and “free” licenses get a win, but is it contractual?
FOSS licensors applaud the Federal Circuit decision in Jacobson, but the real winners are the vastly more numerous software producers who reject the “free” software model. Why………? The reason…
PrawfsBlawg
Garfieldlessness
Main Friday, August 01, 2008GarfieldlessnessTwo years ago that seem like two decades, I wrote a Prawfs post about the Nietzsche Family Circus, then the internet fad du jour, and still…