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Copyright
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NoteVol. 102 · Iss. 4
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of…
Maria Crusey -
ArticleVol. 101 · Iss. 3
Antitrust Regulation of Copyright Markets
Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and…
Jacob Noti-Victor & Xiyin Tang -
NoteVol. 100 · Iss. 5
Infringing Influencers: How to Fairly Protect Brands’ Trademarks on Social Media
Introduction Over the past two decades, social media has increasingly become a fundamental component of Americans’ lives, with more than seven out of ten…
Peter Kotecki -
ArticleVol. 100 · Iss. 4
The Macroeconomics Of Intellectual Property
Abstract Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information.…
Eric E. Johnson -
NoteVol. 99 · Iss. 5
The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs
INTRODUCTION Libraries are a fixture in American communities that people sometimes take for granted. People expect to find books on the shelves, computers for…
Ali Petot -
ArticleVol. 94 · Iss. 3
Bitproperty and Commercial Credit
In the past several years, the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets, ranging from…
Christopher K. Odinet -
ArticleVol. 94 · Iss. 2
Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works
Federal and state law both provide a cause of action against inappropriate and unauthorized uses that “tarnish” a trademark. Copyright owners also articulate fears…
Wen Bu, Christopher Buccafusco & Paul J. Heald -
ArticleVol. 95 · Iss. 3
IP, R.I.P.
Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist’s…
Andrew Gilden -
NoteVol. 95 · Iss. 1
Return of the De Minimis Exception in Digital Music Sampling: The Ninth Circuit’s Recent Holding in VMG Salsoul Improves Upon the Sixth Circuit’s Holding in Bridgeport, but Raises Questions of its Own
A circuit split has developed over the recognition of a de minimis exception for unlicensed sampling of copyrighted digital recordings. In 2005, the Sixth…
Francesco Di Cosmo -
ArticleVol. 93 · Iss. 3
Reframing Similarity Analysis in Copyright
Copyright law lacks a coherent method to determine non-literal infringement. The core inquiry, “substantial similarity,” purports to assess whether two works are so alike…
Kevin J. Hickey -
ArticleVol. 92 · Iss. 1
Copyright and Inequality
The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is…
Lea Shaver -
NoteVol. 97 · Iss. 4
United States Law’s Failure to Appreciate Art: How Public Art Has Been Left Out In The Cold
VARA does not sufficiently protect public artists’ moral rights. A better understanding of public art from an artistic, rather than legal, point of view…
Emma G. Stewart