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Vol. 6 No. 2, Spring 2015; A Circuit Split Involving Ten Federal Circuits: Why Copyright Infringement Actions Should Be Allowed to Proceed After an Application for a Copyright is Filed
In 2010, the Supreme Court’s decision of Reed Elsevier, Inc. v. Muchnick addressed the subject matter jurisdiction of a trademark infringement claim. Not only did this avoid the larger question of when a trademark is ...
Vol. 6 No. 1, Fall 2014; ‘Fixing’ the First Sale Doctrine: Adapting Copyright Law to the New Media Distribution Paradigm
This Article discusses Section 109 of the Copyright Act, the first sale doctrine, in the context of digital media and internet-based storage. Traditionally, the first sale doctrine served as an important limitation on the ...
Vol. 9 No. 2, Spring 2018; Law is a Battlefield: Why Musicians and Politicians Both Lose with Blanket Licensing
When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased ...
Then I Saw the Contract, Now I’m A Believer: Why “Concept Groups” are “Works for Hire” and Cannot Invoke Statutory Termination Rights After 2013
(Northern Illinois University Law Review, 2012-06)
The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow ...