Author: Julie
Cohen Organization: University of Pittsburgh School of Law - Adobe Acrobat
document - link to download free reader is provided. From the abstract:
"…the new information age is turning out to be as much an age
of information about readers as an age of information for readers. …
This Article focuses specifically on digital monitoring of individual reading
habits for purposes of so-called "copyright management" in cyberspace, and
evaluates the import of this monitoring for traditional notions of freedom
of thought and expression."
47 Ark. L.Rev.
603 (1994)Andrew
Beckerman-Rodau - Abstract: The differences between ideas and realty/tangible
objects raise the question of whether ideas fit within the traditional concepts
that comprise property law. To answer this question, this article will first
attempt to provide a generic definition of property. The underlying policy
reasons for the protection of intellectual property, including ideas, will
be identified. In light of this definition and the underlying policies,
the protection of ideas under state common law, trade secret law, and patent
law will be examined. The article will conclude that common law idea protection,
trade secret law, and patent law are all property based regimes predicated
on the recognition of property rights in ideas.
A transcript of a
documentary and panel discussion from KPFA-FM, Berkeley, CA Panelists: "Don
Joyce is a recording artist with the group Negativland, which has been sued
by a large music company for copyright infringement. Bruce Hartford is secretary-treasurer
of the National Writers' Union, an AFL-CIO union. He is working on a lawsuit
on behalf of writers whose works are distributed digitally without payment.
Bob Haslam is an attorney specializing in patent, copyright and trade secret
litigation, including computer software and multimedia products."
The Reemergence of
Misappropriation and Other Common Law Theories of Protection for Intellectual
Property." Harvard Journal
of Law & Technology, by Bruce P. Keller. An article on linking
to content via Web page frames.
By Peter Wayner, Salon
21st. "A new copyright law bans tools that "circumvent" copy protections.
Does that make cutting and pasting illegal?" Covers HR 2281 IH, the
Digital Millennium Copyright Act.
Author: Mark A. Lemley
Organization: University of Texas School of Law Adobe Acrobat document -
link to download free reader is provided. Abstract: This article addresses
the problems presented by the effective overlap of copyright's exclusive
rights in the context of transmission on computer networks. Simple activities
such as sending email or posting to Web pages may implicate the reproduction
right, the adaptation right, the distribution right, the performance and
display rights, and the new digital performance as well as triggering liability
for contributory infringement and under the proposed transmission right.
The article suggests that this overlap creates serious problems not only
for user rights and defenses, but also for copyright owners who wish to
license only a subset of their rights or who wish to divide ownership of
their copyright. The article considers as possible solutions to this problem
a theory of implied license, as well as a unified statutory transmission
right that displaces other exclusive rights.
Author: Tom Bell Organization:
University of Dayton In this Article, Professor Bell examines the impact
of new technologies on copyright's fair use doctrine. The Article examines
the prospective capabilities of automated rights management technologies
to monitor and track the exchange of information in digital intermedia,
such as the Internet, that would enable copyright holders to bill consumers
for use of their works. Professor Bell argues that these billing capabilities
will cause a transformation in copyright law: a system of "fared use" will
radically reduce the scope of the "fair use" defense. Upon examination of
the effects of such a transformation, Professor Bell posits that a system
of fared use actually may offer freer access to expressive works. Professor
Bell argues that allowing copyright owners and consumers to exit copyright
law and freely contract under a fared use system in time may reveal a system
more beneficial than one preempted by federal copyright law. Professor Bell
concludes by urging lawmakers and academics to await the emergence of new
automated rights technologies and allow experimentation in the market to
dictate copyright law's adaptation to such new technologies, rather than
requiring new technologies to adapt to the traditional fair use doctrine.
Holderness M. 1998
(1) The Journal of Information, Law and Technology (JILT). "Authors'
moral rights, because they are poorly incorporated into UK law, are often
perceived as a deeply obscure subject. Where strongly implemented in accordance
with the international law of the Berne Convention, however, they provide
a necessary and ready-made legal framework for the authentication of works
in the new media environment."
Author: Jessica Litman
Organization: Wayne State University.Adobe Acrobat document - link to download
free reader is provided. Abstract: The First Amendment has always provided
a completely different standard with regard to liability for actions that
constitute speech as compared to actions that constitute copyright infringement.
They're really just apples and oranges. And I think it would disserve both
areas of law -- I know there's been some discussion, some people have attempted
to link these two areas of law recently, and I think it does a disservice
to both areas of law, even though the same technologies may be involved.
And I think it really does a disservice both to the law of the First Amendment
and the law of copyright to attempt really to try to analogize from one
to the other.
Mark A. Lemley, University
of Texas, School of Law - Adobe
Acrobat document - link to download free reader is provided. Abstract: "This
is a review of James Boyle's new book, Shamans, Software and Spleens:
Law and the Construction of the Information Society. Boyle's book ranges
across the law of information, which he argues should be treated as a unified
discipline. Boyle applies his analysis of "romantic authorship" to the law
of information, arguing that in copyright and elsewhere, the law gives new
works too much protection because it wrongly discounts the sources on which
those works necessarily build. In this review, I suggest that whatever its
merits as legal argument, "romantic authorship" does not explain very much
about the features of copyright law, nor why copyright protection is expanding
over time. I suggest an alternative explanation: that a particular strand
of law and economics scholarship that endorses strong property rights is
pushing for the "propertization" of all valuable information."
The Digital Millennium
Copyright Act immunizes ISPs, while protecting copyrights and the Internet's
free flow of information By Keith Kupferschmid, Feb. 1999. Describes
the protections and obligations of Internet Sevice Providers in regard to
the provisions of the DMCA.