Title
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Author
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Year
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Twenty Years of U.S. Digital Copyright: Adapting from Analog
From 2001 to 2021, digital technologies have challenged U.S. copyright law. Key copyright concepts affected include the scope of exclusive rights, fair use, and liability of online service providers for infringement.
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Jane Ginsburg |
2022 |
Sequential Uses of Copyrighted Materials: Transforming the Transformative Use Doctrine in Andy Warhol Foundation v. Lynn Goldsmith
The case of Andy Warhol Foundation v. Lynn Goldsmith arose when one artist’s copyrighted work was used to create a second artist’s work. The key factor is the effect of the alleged infringement on the value of the first work.
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Richard Epstein |
2022 |
Memes on Memes and the New Creativity
Memes challenge basic assumptions underlying copyright law. Creators of memes want to be copied. Creators may use copyright selectively to prevent changes to a meme by a select few.
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Jeanne Fromer |
2022 |
From Trade Secrecy to Seclusion
Traditionally, trade secret law protected innovations from misappropriation by departing employees. Now, however, trade secret claims are often used to conceal information of public concern.
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Sonia Katyal, Charles Tait Graves |
2021 |
It’s Time to Update Section 230
The 1996 Communications Decency Act (CDA) makes online platforms immune from liability for harmful content posted by third parties. Platforms should enjoy immunity only if the platform takes reasonable steps to prevent harm.
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Marshall Van Alstyne, Michael D. Smith |
2021 |
The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule
The Ninth Circuit has ruled that experts may not testify to help juries understand whether one computer program is similar to another. Ninth Circuit cases fail to properly assess software copyright violations.
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Peter Menell, Shyamkrishna Balganesh |
2021 |
Trademark Search, Artificial Intelligence and the Role of the Private Sector
Worldwide, trademark offices and private firms use artificial intelligence-based systems (AI) to identify distinct trademarks. AI will transform trademark business and legal processes.
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Sonia Katyal, Aniket Kesari |
2021 |
Legal Internalism in Modern Histories of Copyright
Process concerns, including formal registration requirements and the rule of law, are important to copyright lawyers and policymakers. Recent histories of copyright law neglect these procedural elements.
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Shyamkrishna Balganesh, Taisu Zhang |
2021 |
Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise
A book that placed Star Trek characters in illustrations from Dr. Seuss is an unauthorized derivative work under the Copyright Act. The District Court erred in ruling that the book was a “fair use.”
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Peter Menell, David Nimmer, Shyamkrishna Balganesh |
2019 |
The Paradox of Source Code Secrecy
Decision-making algorithms are increasingly used in administrative law, as well as in civil and criminal justice, raising due process concerns. Source code is protected from scrutiny by trade secret law.
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Sonia Katyal |
2019 |