The Patry Copyright Blog

Wednesday, December 28, 2005

Justice Rehnquist, Judge Alito, and Section 105

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Among the papers released by the National Archives yesterday in connection with Judge Alito's nomination to the Supreme Court is one dea...
1 comment:

Reasonable Attorney's Fees

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Section 505 of the Copyright Act permits (but does not require) the award of "reasonable" attorney's fees to the prevailing pa...
1 comment:
Tuesday, December 27, 2005

Augustine Birrell and Benjamin Kaplan

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There have been, since the 17 th century, many different types of works written about copyright: partisan petitions to Parliament, copyrigh...
3 comments:
Thursday, December 22, 2005

The Marx Brothers: Copyright Recidivists

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The trademark dispute between the Brothers Warner and Marx has become an iconic example of the little guy winning over the over-reaching cor...
2 comments:
Wednesday, December 21, 2005

Early Musical Borrowing

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In the 2 Live Crew case, the Supreme Court made a distinction between parody and satire. Because parody targets the original, it has a need,...
7 comments:
Tuesday, December 20, 2005

Fair Use: The Source Copy

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Should the fair use analysis be affected by whether the source from which the copy is made is authorized? The issue is a recurring one, and ...
6 comments:
Monday, December 19, 2005

Choreographers, Copyright, and Wine

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In a recent email from a choreographer who operates the downtowndancer.com blog, an interesting example of the confluence of copyright and ...
6 comments:
Friday, December 16, 2005

Glass Blowers Fight it Out

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Here is a link to a story about an interesting suit going on in Seattle, a rare suit by one glass-blower against a former employee. The case...
1 comment:
Thursday, December 15, 2005

Legislative Drafting Gaffes

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While the mounting of legislative initiatives frequently takes a long time, sometimes spanning years, the execution can be brutally swift. H...
Wednesday, December 14, 2005

Does Ideology Matter in Copyright?

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Oren Bracha is a law professor at the University of Texas Law School, an Israeli who clerked for the famous Israeli Supreme Court Justice א...
4 comments:
Monday, December 12, 2005

Winnie the Pooh 2

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In an earlier posting , I discussed a case of first impression involving grants made by Winnie the Pooh author Alan Alexander Milne, a re-gr...
Sunday, December 11, 2005

BMG v. Cecilia Gonzalez

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On Friday, a panel of the Seventh Circuit issued a very important opinion, per Judge Easterbrook, in BMG Music et al v. Cecilia Gonzalez . H...
12 comments:
Thursday, December 08, 2005

War, The Public Domain and Chris Meyer

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The posting from two days ago on the Confederacy had an issue I wanted to save for this one, namely, the concept of the public domain arisi...
Sunday, December 04, 2005

Copyright, the Confederacy and Bulwer-Lytton

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Victorian novelist and politician Edward George Earl Bulwer-Lytton (1803-1873) has inspired, dubiously, an annual contest, found at this li...
2 comments:
Thursday, December 01, 2005

Bootlegs and New Pony Records

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As we await the Second Circuit's decision in the Martignon case, I participated in a Fordham panel on bootlegs, along with Martignon...
5 comments:
Monday, November 28, 2005

Copyright Deposits and Trade Secret Protection

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Registration (or attempted registration) with the Copyright Office is mandatory in order for infringement actions to be brought over "U...

Copyright Parochialism?

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I just finished a very thorough, fascinating book by Catherine Seville on the effort by Thomas Noon Talfourd to extend the term of copyrig...
Tuesday, November 22, 2005

DaStar II: The Ninth Circuit Does it Again

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Many will remember the Supreme Court's rebuke of the Ninth Circuit for creating what it termed a "mutant" form of copyright in...
3 comments:
Friday, November 18, 2005

Documentary Film Makers and Fair Use

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Documentary film makers rely heavily on the use of others' works, many of which may be under copyright. Other issues arise out of a poss...
1 comment:
Thursday, November 17, 2005

Intelligent Design and Copyright Misuse

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Jennifer Granick, Executive Director of the Stanford Center for Internet and Society, had a recent article in Wired entitled " Evolutio...
11 comments:
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William Patry
This is a personal blog, not a Google blog. It is about my book Moral Panics and the Copyright Wars, published by Oxford University Press. Please don't attribute anything in the blog or the book to Google, which employs me.
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