LAW & INNOVATION JOURNAL: Current Articles
Original articles and essays on issues in intellectual property law, e-commerce, technology and innovation policy.
Current Articles
Archived Articles

History of Music Piracy: From Cassette to BitTorrent

Abstract

The author discusses the history of music pirating technology, the case law interpreting its use, and the methods of regulation that have been introduced to combat piracy

Author

Eric Gaines
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Superheroes: An Overview of Protecting Characters Under the Law

Abstract

This is an analysis of copyright law and how it applies to characters, with particular emphasis on superheroes such as Superman and Iron Man. A number of important character copyright cases are noted before the discussion extends to trademarks, design patents and unfair competition issues.

Author

Eric Green
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SONY-BMG and Digital RightsManagement: The Overextension of Copyright Protection in Audio Recordings

Abstract

This article contemplates the legal ramifications of Sony-BMG’s inclusion of Digital Rights Management copyright protection software on nearly 25 million albums released on CD from 2003 to 2005. The discussion includes the class action suit against Sony, the balance of rights between sellers and buyers of music, and the future of music copyright protection.

Author

Nicholas Holton
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Protection is Impossible without Recognition: How the No Child Left Behind Act Will Leave Moral Rights Behind

Abstract

The author compares the European idea that artists have moral rights in their creations with the United States’ approach. Specific attention is given to the 2002 No Child Left Behind Act and the potential impact it will have in discouraging moral rights protection for American artists.

Author

Melissa Palowski
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U.S. Copyright Law and Traditional Cultural Expressions

Abstract

The author considers the applicability of U.S. copyright law to traditional cultural expressions, such as Native American folklore and art. The discussion focuses on the adequacy of protection in light of the economic, religious, and representative functions of these expressions within their cultures. It concludes by asking whether other methods may provide a better approach to protection than copyright law.

Author

Mikaela Sturrock
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