A Restatement of Copyright Law as More Independent and Stable Treatise

This article maps the problematic consequences of over reliance by judges, lawyers and policy makers on copyright law treatises, with a particular focus on the negative effects Nimmer on Copyright has had on the evolution of various copyright law doctrines. It proposes that an ALI Restatement of Copyright Law is needed to create a reference tool that is transparently authored and edited

Copyright, Fair Use and the Digital Age in Academic Libraries: A Review of the Literature

Copyright law in the United States has gained a certain notoriety for its complexity and ambiguity, which has only been compounded by the evolution (or, some would say, revolution) of print resources to electronic resources. The purpose of this literature review is to review the current understanding of copyright law within the context of academic libraries in universities and colleges. Additionally, this review will describe what issues academic librarians face in complying with copyright law in this new digital age while continuing to perform duties such as processing course reserve materials, developing an institutional repository, and maintaining a digital collection. This literature review emphasizes the need for further and continuing education about copyright law among all members of the campus community, and, in particular, academic librarians

Pornography, Coercion, and Copyright Law 2.0

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law\u27s complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their corporate counterparts, these user-generators may increasingly rely on copyright law to protect their creations in the future. While legal scholars have addressed the copyright law\u27s role in incentivizing the creation and consumption of creative content in general, its effect on the creation and consumption of pornography has largely been ignored. Since pornography performers are at risk of abuse by the creators of pornography, particularly those that are filmed or photographed unknowingly or those who have sexual images of themselves distributed against their wishes, it is important consider what approaches there may be to reduce that risk, including the possibility of altering the copyright framework with respect to pornography. Copyright laws do not provide ownership interests or control mechanisms to the subjects of pornographic material, and instead permits the creators to benefit at the expense of the subjects when their participation has not been consensual. Providing this type of control - namely by requiring the creator to show that the subjects\u27 participation was voluntary as a condition of providing copyright protection - would help reduce the risks faced by pornography performers. Promulgating a moral approach to structuring copyright protections is already one goal that is animating calls for reform of the current system. Copyright law should link the ability to register and enforce copyrights on pornographic works to the creators\u27 compliance with a regulatory scheme designed to promote the safety and well-being of pornographic performers by confirming their consent

Originality and Creativity in Copyright Law

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of Feist Publications Inc vs Rural Telephone Service Co is discussed

A Fair Use to Remember: Restoring Application of the Fair Use Doctrine to Strengthen Copyright Law and Disarm Abusive Copyright Litigation

The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair use or abusive copyright litigation. This Note targets both problems with a single solution: applying fair use as a right. Applying fair use as a right alleviates some of the doctrine’s inherent problems and is the best long-term solution for eliminating abusive litigation from copyright law. As a right, fair use protects copyright’s core values and goals, alleviates the burden on courts, and cultivates creation. A review of the motivation behind fair use reveals that as a right, fair use is best able to serve the purpose for which it was designed

Price Discrimination, Copyright Law, and Technological Innovation: Evidence from the Introduction of DVDs

This paper examines the welfare effects of intellectual property protection, accounting for firms' optimal responses to legal environments and technological innovation. I examine firms' use of indirect price discrimination in response to U.S. copyright law, which effectively prevents direct price discrimination. Using data covering VHS and DVD movie distribution, I explain studios' optimal pricing strategies under U.S. copyright law, and determine optimal pricing strategies under E.U. copyright law, which allows for direct price discrimination. I analyze these optimal pricing strategies for both the existing VHS technology and the new digital DVD technology. I find that studios' use of indirect price discrimination under US copyright law benefits consumers and harms retailers. Optimal pricing under E.U. copyright law also tends to benefit studios and consumers. I also reanalyze these issues assuming continued DVD adoption.

Copyright Law

In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year\u27s decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the fair use excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work

Copyright law

Contents Editorial Research Articles Formats as Media of Cooperation / Axel Volmar Thematic Focus: Copyright Law Editorial: The Reference as Part of the Art Form. A Turning Point in Copyright Law? / Dagmar Hoffmann, Nadine Klass The Concept of “Pastiche” in Directive 2001/29/EC in the Light of the German Case Metall auf Metall / Frédéric Döhl Transformative Works and German Copyright Law as Matters of Boundary Work / Kamila Kempfert, Wolfgang Reißmann Negotiating Legal Knowledge, Community Values, and Entrepreneurship in Fan Cultural Production / Sophie G. Einwächter Referencing in Academia: Video Essay, Mashup, Copyright / Eckart Voigts, Katerina Marshfield Re-Use under US Copyright Law: Fair Use as a Best Practice or Just a Myth of Balance in Copyright? / Sibel Kocatepe Reports Grounded Design in a Value Sensitive Context / Volker Wulf in conversation with Batya Friedma