Browsing Vanderbilt Law School Faculty Works by Subject "copyright"

Now showing items 1-6 of 6

    • The Copy Process 
      Fishman, Joseph P. (New York University Law Review, 2016)
      There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...
    • Copyright Infringement and the Separated Powers of Moral Entrepreneurship 
      Fishman, Joseph P. (American Criminal Law Review, 2014)
      This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
    • Exploring the Interfaces Between Big Data and Intellectual Property Law 
      Gervais, Daniel J. (Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
      This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
    • Honest Copying Practices 
      Fishman, Joseph P. (Notre Dame Law Review, 2017)
      One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
    • Improper Appropriation 
      Gervais, Daniel J. (Lewis & Clark Law Review, 2019)
      The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
    • Music As a Matter of Law 
      Fishman, Joseph P. (Harvard Law Review, 2018)
      What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...