The Foxfire of Fair Use: The Google Books Litigation and the Future of Copyright Laws

2017 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
United States ◽  
Critical Role ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
United States Congress ◽  
Trading Partners ◽  
Google Books ◽  
Technological Developments ◽  
The Impact

Copyright exceptions and limitations in the United States have experienced dynamic evolution in light of new technological developments. There has been significant legal debate in the courts and in the United States Congress about the scope of the defense of fair use. The copyright litigation over Google Books has been a landmark development in the modern history of copyright law. The victory by Google, Inc., over the Authors Guild in the decade-long copyright dispute is an important milestone for copyright law. The ruling of Leval J emphasizes that the defense of fair use in the United States plays a critical role in promoting transformative creativity, freedom of speech, and innovation. The Supreme Court of the United States was decisive in its rejection of the Authors Guild’s efforts to challenge the decision of Leval J. There has been significant debate in the United States Copyright Office and United States Congress over the development of “the Next Great Copyright Act.” Hearings have taken place within the United States Congressional system about the history, nature, and future of the defense of fair use under United States copyright law. There remains much debate about the internationalization of the defense of fair use, and the need for the trading partners of the United States to enjoy similar flexibilities with respect to copyright exceptions. There has been concern about the impact of mega-regional trade agreements—such as the Trans-Pacific Partnership—upon copyright exceptions, such as the defense of fair use.

scholarly journals RESTRICTIONS ON COPYRIGHT IN UKRAINE AND THE UNITED STATES: A COMPARATIVE LEGAL ASPECT

2021 ◽  
pp. 5-10
Author(s):  
Yu. Akulov
Keyword(s):  
United States ◽  
Legal Aspect ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
Educational Institutions ◽  
Non Profit ◽  
The Us ◽  
Exceptions And Limitations ◽  
Exhaustive List

The article compares the American copyright system (from its inception, borrowing the basics of the English system to the establishment of the principle of "fair use") and the Ukrainian system, which provides a specific list of cases allowed as a restriction of copyright (enumerated system) by establishing in national legal acts of the three-stage test provided by the Berne Convention. The article examines not only the legislation of Ukraine and the United States in this area, such as: the Federal Copyright Act of 1790, the second Federal Copyright Act of 1909, the Copyright Act of 1976, the Civil Code of Ukraine, the Law of Ukraine "On Copyright law and related rights" but also the case law of the United States, which is a key element in regulating disputes in the area under discussion. The author analyzes a number of cases through the prism of changing approaches in the US system of property rights restrictions, namely Philpot v. Media Research Center Inc. No. 1: 17-cv-822 dated January 8, 2018; Peteski Productions, Inc. v. Leah Rothman No. 5: 17-CV-00122 dated August 30, 2017; Rosen v. eBay, Inc., No. 2: 13-cv-06801-MWF-E of 16 January 2015 and Corbello v. DeVito No. 2: 08-cv-00867-RCJ-PAL June 14, 2017. As a result of the research, the author determines that the national legislation establishes an exhaustive list of works that are its objects, at the same time, the ways of using the work depend on the type of particular work. Therefore, an exhaustive list of all possible ways to use the works is not provided. U.S. law provides for an exhaustive list of copyrighted works and an exhaustive list of ways to use such works. And the doctrine of "fair use" in the United States provides that in determining whether the use of work in any particular case is fair, there are at least 4 factors to consider. Keywords: the principle of "enumerated system", the system of "numerus clausus", the concept of "exceptions and limitations", US copyright law, the doctrine of fair use, the Agreement on guidelines for copying in non-profit educational institutions, free use of works, three-stage test.

Speak No Evil

2018 ◽  
Author(s):  
Heidi Hardt
Keyword(s):  
United States ◽  
Critical Role ◽  
The United States ◽  
Experimental Results ◽  
Survey Experiment ◽  
Time And Space ◽  
International Media ◽  
Institutional Memory ◽  
The Impact ◽  
Different Sources

As a fourth empirical chapter, Chapter 6 identifies the sources that motivate elites to share their knowledge of strategic errors. Employing a survey experiment on elites, the chapter presents hypotheses about the impact of three different sources: the United States, NATO's secretariat and international media. Surprisingly, experimental results indicate that NATO elites are less likely to record or share knowledge of a strategic error if an action is framed as such by the United States. Results also demonstrate that NATO elites are slightly more likely to record if the action is framed as such an error by the secretariat. The chapter concludes with a discussion of why a powerful state would counter-intuitively have a dampening effect on an international organization’s capacity for retaining knowledge across time and space. Findings support the book’s argument that the secretariat plays a critical role in facilitating the development of institutional memory about past strategic errors.

scholarly journals The Stars and Stripes Wherever: The Impact of Unilateral U.S. Economic Sanctions on the International Petroleum Industry

1997 ◽  
Vol 35 (2) ◽  
pp. 334
Author(s):  
Lynn R. Coleman ◽  
Thomas R. Graham
Keyword(s):  
United States ◽  
International Economic ◽  
Petroleum Industry ◽  
Oil Industry ◽  
Electoral Politics ◽  
The United States ◽  
Economic Policies ◽  
Trading Partners ◽  
Potential Impact ◽  
The Impact

The authors discuss the impact of American domestic policies and electoral politics on the formulation of the international economic laws of the United States. They note a trend towards the attempted extraterritorial application of American international economic legislation and highlight the significance of the Helms-Burton Actand the Iran (Libya) Oil Sanctions Act in this context. It is suggested that these Acts represent an aggressive attempt by the United States to force its traditional allies and trading partners to conform to American international economic policies, and that if not successfully challenged in international fora they may be followed by other similar pieces of legislation. Finally, special attention is paid to the impact and potential impact on the oil industry of these Acts and other American international economic measures.

Minimum Wages and Racial Inequality*

2020 ◽  
Vol 136 (1) ◽  
pp. 169-228
Author(s):  
Ellora Derenoncourt ◽  
Claire Montialoux
Keyword(s):  
United States ◽  
Civil Rights ◽  
Minimum Wage ◽  
Racial Inequality ◽  
Critical Role ◽  
The United States ◽  
Hourly Wage ◽  
Black Workers ◽  
Wage Policy ◽  
The Impact

Abstract The earnings difference between white and black workers fell dramatically in the United States in the late 1960s and early 1970s. This article shows that the expansion of the minimum wage played a critical role in this decline. The 1966 Fair Labor Standards Act extended federal minimum wage coverage to agriculture, restaurants, nursing homes, and other services that were previously uncovered and where nearly a third of black workers were employed. We digitize over 1,000 hourly wage distributions from Bureau of Labor Statistics industry wage reports and use CPS microdata to investigate the effects of this reform on wages, employment, and racial inequality. Using a cross-industry difference-in-differences design, we show that earnings rose sharply for workers in the newly covered industries. The impact was nearly twice as large for black workers as for white workers. Within treated industries, the racial gap adjusted for observables fell from 25 log points prereform to 0 afterward. We can rule out significant disemployment effects for black workers. Using a bunching design, we find no aggregate effect of the reform on employment. The 1967 extension of the minimum wage can explain more than 20% of the reduction in the racial earnings and income gap during the civil rights era. Our findings shed new light on the dynamics of labor market inequality in the United States and suggest that minimum wage policy can play a critical role in reducing racial economic disparities.

scholarly journals Top 10 video game cases (US): how video game litigation in the US has evolved since the advent of Pong

2018 ◽  
Vol 1 (2) ◽  
pp. 89-102
Author(s):  
Ross Dannenberg ◽  
Josh Davenport
Keyword(s):  
United States ◽  
Video Games ◽  
Video Game ◽  
The United States ◽  
Fair Use ◽  
Legal Limits ◽  
Art Form ◽  
The Us ◽  
Game Developers ◽  
The Impact

Video game litigation in the United States is neither new nor infrequent, and video game developers can learn valuable lessons from cases won, and lost, by others before them. This article examines the evolution of United States intellectual property law from historically narrow roots to classifying video games as an art form deserving broad free speech protection. This article examines seminal cases in a variety of IP areas, including not only copyrights, but also reverse engineering, derivative works, patents, trademarks, rights of publicity, the Digital Millennium Copyright Act, contracts, and freedom of speech. These cases explore the factual and legal limits of American jurisprudence in video game law, including how one's own expression can be limited by the rights of others, permissible and fair use and of others' IP, and the impact these cases have had in the industry. As video games have leveled up into a multi-billion dollar industry, the law has leveled up, too, and this article is the primer you need to level up with it.

scholarly journals Moral Reflections on Strict Liability in Copyright

2021 ◽  
Vol 44 (2) ◽  
Author(s):  
Patrick R. Goold
Keyword(s):  
United States ◽  
Moral Philosophy ◽  
Strict Liability ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
First Century ◽  
Liability Rule ◽  
Prior Literature ◽  
New Perspective

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine.

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