Category Archives: Copyrights & Trademarks

Television: Peer-To-Peer’s Next Challenger

By: D. Branch Furtado The entertainment industry has obsessed over the threat of peer-to-peer file sharing since the introduction of Napster in 1999. The sharing of television content may present a compelling case for fair use under the long-standing “Betamax” … Continue reading

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UK’s Implementation of the Anti-Circumvention Provisions of the EU Copyright Directive: An Analysis

By: Aashit Shah The debate surrounding utilization of technological protection measures to secure copyrighted works in the digital arena has raised many an eyebrow in the past few years. Technological protection measures are broadly bifurcated into two categories: access control … Continue reading

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Piracy Deserves No Privacy

By: Frank Chao The Recording Industry Association of America (“RIAA”), the music industry’s trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe … Continue reading

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Lights, Camera, Lawsuit

By: A. J. Bedel As the speed of Internet access improves, the film industry will need to explore its options for eliminating the downloading of digital movie files. After examining the successes and failures of the music industry in its … Continue reading

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Unintended Consequences: State Merger Statutes and Nonassignable Licenses

By: Joshua G. Graubart The confused state of most state corporate merger statutes allows many intellectual property licenses to find their way into unintended hands by way of corporate merger, in spite of non-assignment clauses. Clearly a detriment to licensors, … Continue reading

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Strengthening the Distinction Between Copyright and Trademark: The Supreme Court Takes a Stand

By: Jessica Bohrer Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of an un-copyrighted work was an open one. However, in Dastar v. Twentieth Century Fox, the United States Supreme Court speaks directly … Continue reading

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Are We Legislating Away Our Scientific Future? The Database Debate

By: Dov Greenbaum The ambiguity of the present copyright laws governing the protection of databases creates a situation where database owners, unsure of how IP laws safeguard their information, overprotect their data with oppressive licenses and technological mechanisms (condoned by … Continue reading

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Students, Music and the Net: A Comment on Peer-To-Peer File Sharing

By: David L. Lange As most of the public now know, the recording industry has lately filed civil suits alleging copyright infringement against hundreds of individual defendants across the country, many (I think most) of them college students and campus … Continue reading

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Eldred v. Ashcroft: How Artists and Creators Finally Got Their Due

By: Shalisha Francis In regards to copyright the U.S. Constitution states: “Congress shall have the power . . . to promote the Progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right … Continue reading

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Reality Bites: How the Biting Reality of Piracy in China Is Working to Strengthen Its Copyright Laws

By: Graham J. Chynoweth This iBrief discusses how persistent international concern and emerging domestic concern over Chinese intellectual property theft have helped give sharper teeth to the Chinese copyright regime in the past two years and how these new laws … Continue reading

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Internet Service Provider Liability for Contributory Trademark Infringement After Gucci

By: Gregory C. Walsh [I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the … Continue reading

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The Extraterritorial Reach of Trademarks on the Internet

By: Yelena Simonyuk The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost … Continue reading

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An Interview With Caspar Bowden

By: Joseph Goodman Caspar Bowden (cb@fipr.org) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research … Continue reading

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Court Gives Thumbs-Up for Use of Thumbnail Pictures Online

By: Kelly Donohue In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just … Continue reading

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Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings of Fair Use Remain an Open Question

By: Harry Mihet At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors “the exclusive Right … Continue reading

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MusicNet & PressPlay: To Trust or Antitrust?

By: Kelly Donohue Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services … Continue reading

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Hacking Digital Video Recorders: Potential Copyright Liability for DVR Hackers and Service Providers

By: Ashley A. Johnson To what extent does Sony’s time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR … Continue reading

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Copyrights in Computer-Generated Works: Whom, if Anyone, Do We Reward?

By: Darin Glasser Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent … Continue reading

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The First Sale Doctrine and Digital Phonorecords

By: Bob Hyde This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an … Continue reading

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The Future of Database Protection in U.S. Copyright Law

By: Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser & Emelio Mena In the recent British Horseracing Board case, the English High Court signaled a return to the “sweat of the brow” standard of copyright protection. Although recent … Continue reading

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The Fate of Napster: Digital Downloading Faces an Uphill Battle

By: Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue & Darin Glasser First Diamond Multimedia, then MP3.com, now Napster. The recording industry, in a flurry to protect its copyrighted material, has waged an all-out battle against the dot-coms for the … Continue reading

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Cybersquatting: The Latest Challenge in Federal Trademark Protection

By: Justin Graham, Ashley Johnson, Emilio Mena & Neil Wolitzer The explosion in Internet technology in the past decade has drawn the Lanham Act into the realm of electronic commerce. Trademark owners seeking to register domain names have recently found … Continue reading

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