Author(s): Paul M. Schwartz Year: 2010 Abstract: California Law Review (forthcoming 2010) Keywords: privacy, unitary concept, torts
Prosser’s Privacy and the German Right of Personality: Are Four Privacy Torts Better than One Unitary Concept?
New Challenges to Data Protection Study – Country Report: United States
Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: This report is one of 11 country reports produced for the “New Challenges to Data Protection” study, commissioned by the European Commission, and describes the ways in which US law addresses the challenges posed by the new social-technical-political environment. The hallmark of the US federal approach to privacy […]
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft
Author(s): Pamela Samuelson Year: 2003 Abstract: Scholarly discourse about the constitutional law of intellectual property will not die out after the Supreme Court’s decision in Eldred v. Ashcroft, but only enter a new phase. Many significant constitutional questions remain open after Eldred, and Eldred opened up some new possibilities for constitutional challenges. Although Dastar v. […]
In Search of Copyright’s Lost Ark: Interpreting the Right to Distribute in the Internet Age
Author(s): Peter S. Menell Year: 2010 Abstract: Prior to the emergence of peer-to-peer technology, the Copyright Act’s distribution right was largely dormant. Most enforcement actions were premised upon violations of the reproduction right. The relatively few cases invoking the distribution right involved arcane scenarios. During the past several years, direct enforcement of the Copyright Act […]
Demystifying Fair Use: the Gift of the Center for Social Media Statements of Best Practices
Author(s): Jennifer Urban Year: 2010 Abstract: The fair use doctrine is famous for its uncertainty. As lawyers who counsel clients making fair use of copyrighted materials, we have experienced the frustration caused by fair use’s unpredictability on many occasions. In this Essay we discuss a more positive piece of the story: the development of Statements […]
Knowledge Accessibility and Preservation Policy for the Digital Age
Author(s): Peter S. Menell Year: 2010 Abstract: Recent advances in digital technology have created the potential to make the vast stock of recorded knowledge searchable using sophisticated tools by anyone with an internet connection. As Google is in the process of demonstrating, it is now feasible to scan the collections of the major libraries of […]
Digital Exhaustion
Author(s): Jason Schultz Year: 2010 Abstract: As digital networks emerge as the dominant means of distributing copyrighted works, the first sale doctrine is increasingly marginalized. The limitations first sale places on the exclusive right of distribution are of little importance when the alienation and use of copies entails their reproduction. This fact of the modern […]
Sound Recordings, Works for Hire, and the Termination-of-Transfers Time Bomb
Author(s): Peter S. Menell Year: 2010 Abstract: In crafting the Copyright Act of 1976, Congress brokered a grand compromise between authors and publishers so as to bring about a unitary term of protection. Authors obtained an inalienable right to terminate transfers 35 years after an assignment, subject to designated carve outs for nine categories of […]
Beyond Google and Evil: How Policy Makers, Journalists and Consumers Should Talk Differently About Google and Privacy
Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: Google has come to symbolize the tensions between the benefits of innovative, information-dependent new services and the desire of individuals to control the contexts in which personal information is used. This essay reviews hundreds of newspaper articles where Google speaks about privacy in an effort to characterize the […]
Academic Author Objections to the Google Book Search Settlement
Author(s): Pamela Samuelson Year: 2010 Abstract: This Article explains the genesis of the Google Book Search (GBS) project and the copyright infringement lawsuit challenging it that the litigants now wish to settle with a comprehensive restructuring of the market for digital books. At first blush, the settlement seems to be a win-win-win, as it will […]