All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
Misreading Campbell: Lessons for Warhol
Rereading the case in which the Supreme Court first recognized transformative fair use could help the Supreme Court resolve tension between derivative rights and transformative fair use in Andy Warhol Foundation v. Goldsmith.
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.
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.
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.”
Causing Copyright
In deciding whether a creator is entitled to copyright protection, courts often consider whether the creator caused the work to be produced. Copyright law should develop a more coherent theory of causation.
“Hot News”: The Enduring Myth of Property in News
This article analyzes the increased use of the “hot news” doctrine by newspapers attempting to protect breaking stories.
The Social Costs of Property Rights in Broadcast (and Cable) Signals
This article evaluates the costs and benefits of granting full property rights to broadcasters’ transmission signals.
Rethinking Copyright: Property Through the Lenses of Unjust Enrichment and Unfair Competition
The author proposes an alternative to Professor Stadler’s solution to the inefficiencies of modern copyright law.