Articles

More Money for Creators and More Support for Copyright in Society—Fair Remuneration Rights in Germany and the Netherlands

Published Oct 3, 2018

Abstract The current copyright system is intended to provide an incentive for authors to invest more time and effort in the creation of literary and artistic works (utilitarian argument), recognize the acquisition of a property right as a result of creative labour (natural law argument) and enhance authors’ freedom of expression by offering a source… Read more

A New Copyright Bargain? Reclaiming Lost Culture and Getting Authors Paid

Published Oct 2, 2018

Abstract Copyright’s fundamental structure is based on outdated assumptions, including that marginal costs of copying and distribution are high, and registration systems necessarily onerous and expensive.1  International treaties embedded these assumptions into domestic laws worldwide, and for good reasons:  when the Berne Convention prohibited formalities in 1908, it was a necessary response to compulsory registration… Read more

The International Framework for the Protection of Authors: Bendable Boundaries and Immovable Obstacles

Published Oct 2, 2018

Abstract This Article is concerned with the international framework within which authors’ rights in their works are protected and exploited.  It is not about brave new worlds that might exist outside or beyond this framework where rights and usages are reconceived and restructured on some totally new basis, but instead with what that framework presently… Read more

Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives

Published Mar 17, 2018

Abstract Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several… Read more

Dr. Strange Geo-Blocking Love Or: How The E.U. Learned To Stop Worrying About Cultural Integration And Love The TV Trade Barrier

Published Mar 17, 2018

Abstract The E.U. Antitrust Case that opened on July 23, 2015 against Sky U.K. and six American studios—Disney, Fox, NBCUniversal, Paramount Pictures, Sony and Warner Brothers—has its structural roots in the Television Without Frontiers Directive, which was vigorously debated as a last-minute standoff that threatened to derail the conclusion of the GATT Uruguay Round of trade negotiations and is… Read more

Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections

Published Dec 5, 2017

Abstract This article addresses the fundamental gaps in intellectual property protections plaguing the User Experience (UX). UX is the field of focus on user interactivity with interface displays. Numerous mobile and computer applications—including Facebook, Snapchat, and Uber—blatantly engage in the copying of one another’s UX, with de minimis legal repercussion. An exception within trade dress, the sua sponte “UX Exception,”… Read more

Artificial Intelligence’s Fair Use Crisis

Published Dec 5, 2017

Abstract As automation supplants more forms of labor, creative expression still seems like a distinctly human enterprise. This may someday change: by ingesting works of authorship as “training data,” computer programs can teach themselves to write natural prose, compose music, and generate movies. Machine learning is an artificial intelligence (“AI”) technology with immense potential and a commensurate appetite for copyrighted… Read more

Blockchains, Orphan Works, and the Public Domain

Published Dec 5, 2017

Abstract This Article outlines a blockchain based system to solve the orphan works problem. Orphan works are works still ostensibly protected by copyright for which an author cannot be found. Orphan works represent a significant problem for the efficient dissemination of knowledge, since users cannot license the works, and as a result may choose not to use them. Our… Read more

None of Your Business: Protecting the Right to Write Anonymous Business Reviews Online

Published Jun 28, 2017

Abstract This Note analyzes the fine balance between First Amendment protection afforded to anonymous online business reviews and the state’s interest in removing false communications made about a business or business owner. Part I traces the development of anonymity as a protected First Amendment right and will also explain the rise of Internet speech and… Read more

Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to DeFang a Popular and Powerful Weapon Against Frivolous Litigation

Published Jun 28, 2017

Abstract For nearly thirty years, states have been adopting laws that attempt to stop rich, sophisticated parties from using costly litigation as a weapon to punish and silence their less-affluent critics. Known as “anti-SLAPP” statutes, these measures have been incredibly effective in forcing certain plaintiffs to bring forth evidence at an early stage of litigation… Read more

Authors’ Human Rights and Copyright Policy

Published Jun 28, 2017

Abstract Few would likely disagree with the observation made by Graeme Dinwoodie in this journal some seventeen years ago that “[i]t is increasingly impossible to analyze intellectual property law and policy without reference to international lawmaking.” International instruments influence the shape of domestic intellectual property law, and, in turn, have become vehicles for exporting domestic… Read more

Session I: Keynote Panel, Describing the Legal Landscape

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session I, the Keynote Panel of the Symposium, addressed the legal landscape of copyright treatises and free trade agreements, including the role of FTAs and their benefits and disadvantages, and… Read more

Session I: Keynote Panel, Describing the Legal Landscape

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session I, the Keynote Panel of the Symposium, addressed the legal landscape of copyright treatises and free trade agreements, including the role of FTAs and their benefits and disadvantages, and… Read more

Session II: Rigidity in Global Intellectual Property Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session II addressed how international copyright treaties and FTAs affect national IP laws in the U.S. and elsewhere. Session Panelists: Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session III: Enforcement Tools in the U.S. Government Toolbox to Support Countries’ Compliance with Copyright Obligations

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session III: Issues Concerning Enforcement and Dispute Resolution

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session III addressed the strategies for achieving compliance with international copyright treaties and trade agreements. Session Panelists:  Sean Flynn, Associate Director for Program on Information Justice and Intellectual Property, American University… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

Session IV: Fair Use and Other Exceptions

Published May 7, 2017

These remarks are a transcript of a talk that was given on October 14, 2016, at the Kernochan Center Annual Symposium at Columbia Law School. Session IV focused on efforts to incorporate exceptions into international copyright treaties and trade agreements, including for example, a flexible “fair use”-type exception. Session Panelists:  Jonathan Band, Jonathan Band PLLC… Read more

The Transactional Origins of Authors’ Copyright

Published Feb 17, 2017

Abstract One of the paradoxes of copyright history is that the Statute of Anne, which nominally recognized authors’ copyright for the first time, did not much change the day-to-day business of the Stationers who had previously enjoyed a virtual monopoly on the legal right to copy and who had also lobbied in support of the… Read more

Copy Write: The Author Survival Guide

Published Feb 17, 2017

This is a transcript of the 29th Annual Horace S. Manges Lecture, given by best-selling author Brad Meltzer on March 24, 2016, about his time at Columbia Law School and the importance of doing what you love.