Articles

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 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.

Regulatory Property: The New IP

Published Dec 14, 2016

Abstract For almost thirty years, a new form of intellectual property has grown up quietly beneath the surface of societal observation. It is a set of government-granted rights that have the quintessential characteristic of intellectual property and other forms of property—that is, the right to exclude others from the territory.1 Beginning with a small piece… Read more

From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events?

Published Jun 26, 2016

Abstract On February 27, 2015, San Francisco entrepreneur Ben Rubin announced the launch of his live streaming video application, Meerkat. Named after “the cute but carnivorous mongoose native to Africa,” Meerkat allows users to upload video footage from smartphones to the Internet for worldwide, instantaneous viewing. In the weeks following Meerkat’s launch, Twitter unveiled a… Read more

“Defamation Live”: The Confusing Legal Landscape of Republication in Live Broadcasting

Published Jun 26, 2016

Abstract Live, broadcast defamation is a murky area of law garnering surprisingly scant scholarly attention. But because libel law typically creates republication liability for broadcasters who air defamatory statements uttered by third parties—even when news organizations have no idea what the third parties are about to say— broadcasters covering live, breaking news events face significant… Read more

Fair Use and the New Transformative

Published Jun 26, 2016

Abstract In the eyes of many, the “transformative” subfactor of the fair use analysis is expanding. Recent decisions such as Cariou v. Prince, Seltzer v. Green Day, and the Google Books line of cases have allegedly pushed the doctrine into new and problematic territory. Given the subfactor’s power in the aggregate fair use analysis and… Read more

Copyright Alert Enforcement: Six Strikes and Privacy Harms

Published Jan 28, 2016

Copyright holders have deployed a wide range of enforcement strategies this past decade. In an initial, punitive stage, content industries targeted individual copyright infringers by way of an extensive settlement demand campaign and obtained statutory damage awards in a few high profile file-sharing lawsuits. Recently however, copyright holders drastically reversed course, abandoning punitive measures in… Read more

Private International Law Aspects of Authors’ Contracts: The Dutch and French Examples

Published Jan 28, 2016

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution… Read more