Tag: copyright

THE CRIMINAL COPYRIGHT GAP

Eldar Haber

Copyright law undergoes a criminalization process. Since the birth of criminal copyright in the 19th century, there has been a substantial increase in criminal copyright legislation. Copyright criminalization could lead to a paradigm shift toward a criminal-oriented law. However, legislation alone is insufficient to change the perception of copyright to a criminal-oriented law, as italso depends on practice.... Read more about THE CRIMINAL COPYRIGHT GAP

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 247

COPYRIGHT’S TECHNOLOGICAL INTERDEPENDENCIES

Clark D. Asay

Copyright was initially conceptualized as a means to free creative parties from dependency on public and private patrons such as monarchs, churches, and well-to-do private citizens. By achieving independence for creative parties, the theory ran, copyright led to greater production of a more diverse set of creative works.... Read more about COPYRIGHT’S TECHNOLOGICAL INTERDEPENDENCIES

  • June 25, 2015
  • 18 Stan. Tech. L. Rev. 189

IP Without IP? A Study of the Online Adult Entertainment Industry

Kate Darling

Existing copyright policy is based largely on the utilitarian theory of incentivizing creative works. This Article looks at content production incentives in the online adult entertainment industry. A recent trend of industry-specific studies tries to better understand the relationship between intellectual property (IP) and creation incentives in practice. This Article makes a contribution to the literature by analyzing a major entertainment content industry where copyright protection has been considerably weakened in recent years.... Read more about IP Without IP? A Study of the Online Adult Entertainment Industry

  • November 2, 2014
  • 17 Stan. Tech. L. Rev. 709

Licensing in the Shadow of Copyright

Peter DiCola
David Touve

Copyright offers protection to creative works, but new technologies put pressure on that protection. Copyright owners and technology firms negotiate over new ways of distributing and transmitting creative works. Understanding the shadow that copyright casts on private negotiations will allow policy makers to better design the statute in a way that encourages more competition, diversity, and transactional efficiency in markets for digital goods.... Read more about Licensing in the Shadow of Copyright

  • May 6, 2014
  • 17 Stan. Tech. L. Rev. 397

Market Harm, Market Help, and Fair Use

David Fagundes

Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all sources understand this fair use factor to require analysis only of the deleterious economic effects of the defendant’s use on the market for or value of the plaintiff’s work of authorship. Yet this widespread consensus lies at odds with the plain language of the Copyright Act itself, which dictates that fair use analysis requires consideration of all ... Read more about Market Harm, Market Help, and Fair Use

  • April 20, 2014
  • 17 Stan. Tech. L. Rev. 359

Copyright at the Bedside: Should We Stop the Spread?

Robin Feldman
John Newman

We recently published an article in the New England Journal of Medicine describing a crisis in cognitive testing, as doctors and medical researchers increasingly face copyright claims in sets of questions used for testing mental state. We encouraged the creation of a cultural norm in medicine, in which medical researchers would ensure continued availability of their tests through open source licensing for any copyrights that might exist. In this piece, we consider the legal side of the question.... Read more about Copyright at the Bedside: Should We Stop the Spread?

  • July 10, 2013
  • Stan. Tech. L. Rev. 623

Copyright Vigilantism

Rachel Storch

On July 6, 2011, some of the world’s largest entertainment companies, including Disney, Paramount, Warner Brothers, and Universal, as well as the MPAA and RIAA, entered into a historic agreement with the most prominent Internet service providers (ISPs), including AT&T, Verizon, and Time Warner. Their agreement created the Copyright Alert System.... Read more about Copyright Vigilantism

  • April 22, 2013
  • Stan. Tech. L. Rev. 453

Only Part of the Picture: A Response to Professor Tushnet's Worth a Thousand Words

Zahr Kassim Said

Professor Rebecca Tushnet’s recent article Worth a Thousand Words: The Image of Copyright elucidates a number of difficulties in copyright that flow from judicial failures to treat images consistently and rigorously. She argues that courts both assess copyrightability and evaluate potential infringement in ways that rely on a naïve understanding of the way artists create, and indeed, the way viewers receive works of art.... Read more about Only Part of the Picture: A Response to Professor Tushnet's Worth a Thousand Words

Unchaining Richelieu's Monster: A Tiered Revenue-Based Copyright Regime

Martin Skladany

This Article proposes a tiered revenue-based copyright regime, which would require copyright holders to select one of two different copyright terms. The first tier would provide a fixed, nonrenewable copyright term of 10-14 years, while the second tier would offer a one-year copyright term that could be indefinitely renewed as long as the work is successful enough to meet or exceed a revenue threshold.... Read more about Unchaining Richelieu's Monster: A Tiered Revenue-Based Copyright Regime

  • January 7, 2013
  • Stan. Tech. L. Rev. 131

Coding Creativity: Copyright and the Artificially Intelligent Author

Annemarie Bridy

For more than a quarter century, interest among copyright scholars in the question of AI authorship has waxed and waned as the popular conversation about AI has oscillated between exaggerated predictions for its future and premature pronouncements of its death. For policymakers, the issue has sat on the horizon, always within view but never actually pressing. To recognize this fact, however, is not to say that we can or should ignore the challenge that AI authorship presents to copyright law’s underlying assumptions about creativity.... Read more about Coding Creativity: Copyright and the Artificially Intelligent Author

  • March 29, 2012
  • Stan. Tech. L. Rev. 5