Copyright Law

Steven Hetcher, The Kids Are Alright: Applying a Fault Liability Standard to Amateur Digital Remix

62 Fla. L. Rev. 1275 (2010) | | | | INTRODUCTION :: The term “remix” is used mainly in a digital context, although there is nothing inherently digital about remix. For instance, fan fiction, a widely discussed form of remix, has developed into an important cultural phenomenon in the past forty years, clearly exhibiting a […]

Lydia Pallas Loren, Renegotiating the Copyright Deal in the Shadow of the “Inalienable” Right to Terminate

62 Fla. L. Rev. 1329 (2010)| | | | ABSTRACT :: Few people realize that many contracts that purport to transfer “all right, title and interest” in a copyright can be terminated by the author of the copyrighted work after thirty-five years (in some cases), after fifty-six years (in other cases), and sometimes even after […]

Peter K. Yu, The Graduated Response

62 Fla. L. Rev. 1373 (2010) | | | | INTRODUCTION :: In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, Internet service providers (ISPs), and other third parties. While these tactics have had only mixed results and have been heavily criticized by policymakers, civil liberties groups, consumer advocates, […]

Vincent J. Galluzzo, When “Now Known or Later Developed” Fails its Purpose: How P2P Litigation Has Turned the Distribution Right Upside-Down

61 Fla. L. Rev. 1165 (2009) | | | | INTRODUCTION :: In 1999, a Northeastern University freshman needed only a quiet dorm room to design the catalyst that would spark the peer-to-peer (P2P) downloading phenomenon. That freshman, the then-teenaged Shawn Fanning, spawned the now-infamous computer program Napster-a program that facilitated the free transfer of […]

Samuel J. Horovitz, Two Wrongs Don't Negate a Copyright: Don't Make Students Turnitin if You Won't Give it Back

60 Fla. L. Rev. 229 (2008) | | | | INTRODUCTION :: The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word […]

Michael W. Carroll, The Struggle for Music Copyright

57 Fla. L. Rev. 907 (2005) | | | | INTRODUCTION :: For intellectual property lawyers, the first decade of the twenty-first century is a period of history-in-the-making. This perception is reinforced on a daily basis by rapidly changing digital and biomedical technologies, an increasingly globalized economy, and growing public debate about the appropriate subject […]