Tollbooths and Newsstands on the Information Superhighway

Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist

Tollbooths and Newsstands on the Information Superhighway

Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist

Rethinking Technology Neutrality

Recasting technology-neutral laws as both suboptimal and also self-defeating

Copyright Trolls and Presumptively Fair Uses

The troll label, long a staple of the patent system, had little connotation and even less application in the copyright context until 2010. That is when the so-called copyright troll emerged to acquire unenforced copyrights being infringed in the digital marketplace. Trolls threaten to chill speech and discourage innovation by exploiting copyright incentives without contributing to the market for creative works. Yet, despite the copyright troll\u27s conspicuous arrival, little scholarship has discussed how trolls undermine copyright policy goals or potential measures for mitigating the harms they impose. This Article is the first to hone in on the fair use doctrine as copyright law\u27s internal limitation on the enforcement-only business model. Fair use\u27s judicial development predates the original United States copyright law and was codified in the 1976 Copyright Act, which neither expanded nor limited the scope of this equitable defense to infringement. The doctrine remains flexible and robust-and well-tailored to raising a presumptive bar to troll-related litigation. After defining the copyright troll and documenting its quick rise, this Article argues that, in troll-related litigation, burden shifting is warranted under traditional fair use analysis for three reasons: (1) there is no market harm because the troll has no market other than litigation; (2) the secondary use is for a different purpose and thus transformative; and (3) courts may excuse infringements because enforcement would not support the objectives of copyright law

United States Response to Questionnaire Concerning \u3cem\u3eMoral Rights in the 21st Century\u3c/em\u3e

ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980\u27s by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan