Recent Copyright Protection Schemes

2011 ◽  
pp. 182-204 ◽  
Author(s):  
Herman T. Tavani
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Copyright Protection ◽  
The United States ◽  
Copyright Law ◽  
Digital Information ◽  
Property Theory ◽  
Copyright Policy ◽  
Anglo American ◽  
The Way

This chapter critically examines current copyright protection schemes that apply to digital information. We begin with a brief examination of the way in which copyright law has evolved in the United States, from its Anglo-American origins to the present, and then we examine three traditional philosophical theories of property that have been used to justify the granting of copyright protection. Arguing that each property theory is inadequate, we next consider and reject the view that intellectual property should not be protected at all (and thus should be completely free). We then critically analyze the notion of information, arguing that it should not be viewed as a commodity that deserves exclusive protection but rather as something that should be communicated and shared. Building on this view, we argue for a new presumptive principle for approaching the copyright debate — namely, the principle that information wants to be shared. Finally, we argue that presuming in favor of this principle would enable us to formulate a copyright policy that can avoid the extremes found in the two main competing contemporary positions, both of which are morally unacceptable: (1) the view that access to all digitized information should be totally free; and (2) the view that overreaching, and arguably oppressive, copyright legislation, such as the Digital Millennium Copyright Act and the Copyright Term Extension Act, is needed to protect digital information.

The Legacy of Feist Revisited – A Critical Analysis of the Creativity Requirement

2002 ◽  
Vol 36 (1) ◽  
pp. 19-102 ◽  
Author(s):  
Guy Pessach
Keyword(s):  
United States ◽  
Copyright Protection ◽  
United States Supreme Court ◽  
The United States ◽  
Copyright Law ◽  
Court Decisions ◽  
United States Supreme ◽  
Minimum Standard ◽  
Labor Skill ◽  
Anglo American

One of the most significant court decisions in copyright law has been the United States Supreme Court's decision in Feist Pub., Inc. v. Rural Tel. Serv. Co., and its path-breaking approach towards the requirement of originality. The grant of copyright protection, in an intangible work, is conditioned upon the fulfillment of the prerequisite of originality. Until the Feist decision, Anglo-American copyright law had a long tradition of interpreting the requirement of originality as imposing a minimum standard of labor, skill or judgment in the production of a work that is not a copy of another work. In Feist, a watershed decision, which had international impact and influence, the United States Supreme Court first introduced the requirement of creativity into Anglo-American copyright law. According to the court's ruling, only works that entail a minimum standard of creativity could pass the threshold of originality and therefore be eligible for copyright protection.

scholarly journals Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition and Innovation Policies

2016 ◽  
Author(s):  
Ariel Katz
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Copyright Protection ◽  
The United States ◽  
Copyright Law ◽  
Conventional Wisdom ◽  
Antitrust Law ◽  
The European Union ◽  
Antitrust Regulation ◽  
External Check

Conventional wisdom holds that the European Union has opted to apply its competition law to the exercise of intellectual property rights to a much greater extent than has the United States. We argue that, at least in the context of copyright protection, this conventional wisdom is false. While European antitrust regulation of refusal to license one's intellectual property does seem much more robust and activist than U.S. antitrust regulation of similar conduct, focusing solely on one narrow aspect of antitrust doctrine — the treatment of a unilateral refusal to deal — tells less than half the story.Once various doctrines of copyright law are taken into account, the substantive difference between the European and American approaches not only narrows, but in some key respects is reversed. While European jurisdictions have relatively expansive copyright protection which may require antitrust intervention to check anti-competitive uses of copyrighted works, American copyright law provides stronger internal limits on copyright protection, which thereby lessens the need for resort to antitrust law as an external check on anti-competitive uses of copyrighted works. Furthermore, when the broader impact that antitrust law might have on the exercise of IPRs in the United States is considered (not only in substance, but also in antitrust process), it becomes apparent that in key respects, when innovative-competition is at stake, U.S. law grants overall weaker copyright protection than that available in Europe. We also explain why the two jurisdictions have adopted distinct approaches to resolving similar problems and evaluate those approaches.

scholarly journals Pornografía no consentida: alternativas en el ordenamiento jurídico de la propiedad intelectual de Estados Unidos

2020 ◽  
Vol 13 (00) ◽  
pp. 141-169
Author(s):  
Fredrick Vega Lozada
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Legal System ◽  
North American ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Electronic Communications ◽  
Privacy Act

Non-consensual pornography is an act of violence that undermines the dignity, reputation and honor of people. This research presents some of the existing legal alternatives to face these acts of violence with intellectual property law, specifically with copyright. This research is based on the legal system of the United States of America, the United States Copyright Law of 1976, the Electronic Non-Theft Act of 1997, The Communication Decency Law of 1996, The Electronic Communications Privacy Act of 1986, the Digital Millennium Copyright Act of 1998 and the exceptions and clarifications presented by the jurisprudence. The investigation concludes that there are alternatives available to victims of these acts of non-consensual pornography. However, to make North American copyright remedies accessible to victims, it is recommended to amend some of the current Acts analyzed.

scholarly journals Digitizing Scent and Flavor: A Copyright Perspective

2020 ◽  
pp. 347
Author(s):  
Amara Lopez
Keyword(s):  
United States ◽  
European Union ◽  
Intellectual Property ◽  
New Technology ◽  
The United States ◽  
Copyright Law ◽  
The European Union ◽  
Court Of Justice ◽  
Property Space ◽  
Recent Developments

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor. Recent developments in technology have led to the digitization of scent and flavor. In the intellectual property space, digitization provides a superior means of fixation for scents and flavors but it also threatens to make reverse engineering much easier. This would take away the protection trade secret law affords to scents and flavors. This will undoubtedly push industry leaders to seek more protection from the law. This Note explores how copyright law in the United States and the European Union might handle this new technology and argues that protection should not come in the United States until Congress weighs all considerations and adds a new subject matter category for scents and flavors to the U.S. Copyright Act.

scholarly journals The state copyright conundrum: What’s your state government’s rule on copyright?

2018 ◽  
Vol 79 (10) ◽  
pp. 571
Author(s):  
Kyle K. Courtney
Keyword(s):  
United States ◽  
Federal Government ◽  
Copyright Protection ◽  
The United States ◽  
Copyright Law ◽  
United States Government ◽  
The Public ◽  
The World ◽  
States Government ◽  
Clear Statement

U.S. copyright law has a unique place in the world regarding federal works and copyright. Federal copyright law states that “Copyright protection under this title is not available for any work of the United States Government.”1 This is a broad and clear statement that works of the federal government are in the public domain and are free for use by all.

scholarly journals China vs. United States: A Cosmopolitan Copyright Comparison

2015 ◽  
Vol 15 (1) ◽  
pp. 1-32
Author(s):  
Amy Rosen
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Copyright Laws

China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.

The Emergence and Development of United States Intellectual Property Law

2017 ◽  
Author(s):  
Oren Bracha
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
History Of ◽  
Three Stages ◽  
Further Development

This chapter surveys the history of intellectual property law in the United States from its colonial origins to the present, and focuses on the three subfields that have a claim for seniority in terms of their longevity and importance: patent, copyright, and trademark. The development of these subfields is described as a process in which law has interacted with technology, economic factors, ideology, and politics. The chapter describes how at the end of the eighteenth-century American patent and copyright law emerged out of two sources: British laws and institutions and local colonial practices. The further development of American intellectual property law is analysed as comprising three stages: early patent, copyright, and trademark law; the consolidation of the modern framework of these fields through significant transformations beginning in the second half of the nineteenth century; and the various developments from the early twentieth century to the present.

Britain and the H-bomb, 1955–1958

1959 ◽  
Vol 21 (3) ◽  
pp. 511-529
Author(s):  
Leon D. Epstein
Keyword(s):  
United States ◽  
The United States ◽  
Point Of View ◽  
Policy Makers ◽  
Henry Kissinger ◽  
Hydrogen Bomb ◽  
The Public ◽  
Limited War ◽  
Anglo American ◽  
The Way

Britain's decision in 1955, reaffirmed by policy and action through 1958, to manufacture its own hydrogen bomb has raised important questions about the effectiveness of joint Anglo-American defense arrangements. That the British development of massive retaliatory weapons involved a costly and unnecessary duplication of the American program has been persuasively argued by Henry Kissinger. Like many others, Kissinger would have preferred Britain to have concentrated on the conventional and tactical nuclear means of waging limited war. Indeed, from a joint Anglo-American point of view, Kissinger's argument is so persuasive that an altogether different point of view, much more exclusively national, is required to explain Britain's H-bomb development. This may be discerned in the way in which the policy was presented to the British public. Granting that such presentation does not necessarily reveal the actual motivations of policy-makers, nevertheless the public justifications for Britain's H-bomb illuminate the image which Englishmen have of their nation's status in world affairs, particularly in relation to the United States.

scholarly journals Copyright's Excess

2020 ◽  
Vol 6 (1) ◽  
pp. 1-4
Author(s):  
Saurabh Vishnubhakat
Keyword(s):  
United States ◽  
Problem Solving ◽  
Copyright Protection ◽  
Focal Point ◽  
The United States ◽  
Copyright Law ◽  
Recording Industry ◽  
Formal Study ◽  
The Creation ◽  
The U.S

The focal point of this symposium is COPYRIGHT’S EXCESS, Glynn Lunney’s thoughtful and trenchant critique of copyright law’s effects on the U.S. recording industry. Before delving into the book’s contribution and into the chorus of scholarly replies that it has inspired, it first bears mention that both the book and its author share a cardinal strength: practicality. As Professor Lunney’s colleague at Texas A&M, I have heard him remark more than once that each of his three fields of formal study—engineering, then law, and eventually economics—is ultimately concerned with solving problems. Problem solving is also the basic template of COPYRIGHT’S EXCESS. If a principal aim of copyright law in the United States is to encourage the creation of new works, and if the scope and duration of our copyright protection have systematically grown since the Founding, then here immediately we have specified our problem and described our long-accepted solution. But has it really been a solution?

Menelaah Lebih Dekat “Post Factual/Post Truth Politics, Studi Kasus Brexit” (Analsis Resensi Media)

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Wahyono ◽  
Rizka Amalia ◽  
Ikma Citra Ranteallo
Keyword(s):  
United States ◽  
Mass Media ◽  
New Media ◽  
The United States ◽  
The Political ◽  
Political Struggle ◽  
The Real ◽  
The Mass Media ◽  
The Uk ◽  
The Way

This research further examines the video entitled “what is the truth about post-factual politics?” about the case in the United States related to Trump and in the UK related to Brexit. The phenomenon of Post truth/post factual also occurs in Indonesia as seen in the political struggle experienced by Ahok in the governor election (DKI Jakarta). Through Michel Foucault's approach to post truth with assertive logic, the mass media is constructed for the interested parties and ignores the real reality. The conclusion of this study indicates that new media was able to spread various discourses ranging from influencing the way of thoughts, behavior of society to the ideology adopted by a society.Keywords: Post factual, post truth, new media

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