TITLE

COPYRIGHT AS A RULE OF EVIDENCE

AUTHOR(S)
Lichtman, Douglas
PUB. DATE
February 2003
SOURCE
Duke Law Journal;Feb2003, Vol. 52 Issue 4, p683
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Many copyright doctrines serve to exclude from the copyright regime cases particularly prone to evidentiary complexity. The implicit logic is that, for these cases, the social costs of litigation would likely outweigh the social benefits derived from offering copyright protection in the first place. Doctrines that serve this evidentiary function include some doctrines for which an evidentiary purpose is readily apparent (for example, the requirement that eligible works be fixed in tangible form), and some for which the link is quite subtle (for example, the rule against protecting work that lacks creativity). Understanding these doctrines in this light helps to refine their proper scope and application. It also makes clear a problem facing copyright law more generally: the increasing divergence between the logical justifications for various copyright doctrines and their actual use by courts and commentators.
ACCESSION #
51501733

 

Related Articles

  • Editorial.  // Anarchist Studies;2012, Vol. 20 Issue 1, p7 

    An introduction is presented in which the editor discusses various reports within the issue on topics including the criticism of anti-copyright issue, the anti-capitalist protests in the U.S. and Canada and the influence of anarchist on syndicalism.

  • Time is right for publishers to tackle digital piracy. Joseph, Sebastian // Marketing Week (Online Edition);5/11/2012, p3 

    In the article, the author examines the call by the Great Britain-based Professional Publishers Association (PPA) to the British consumer magazine industry to cooperate in fighting digital piracy. He claims that the recommendation should be welcomed by publishers and brands concerned about...

  • Fashion Police. Flahardy, Cathleen // InsideCounsel;Jan2011, Vol. 22 Issue 229, p12 

    The article provides information on the Innovative Design Protection and Piracy Prohibition Act which was passed by the U.S. Senate Judiciary Committee in December 2010 to help the intellectual property rights of fashion designers in the country.

  • Note. Jaeger, William L. // California Law Review;Nov68, Vol. 56 Issue 6, p1780 

    Focuses on the copyright case, 'Columbia Broadcasting Inc. v. DeCosta'. Concerns over the misappropriation of character; Scope of the protection which the law gives intellectual creations.

  • THE DIGITAL COPYRIGHT DIRECTIVE. Stokes, Simon // Lawyer;02/11/2002, Vol. 16 Issue 7, p33 

    Discusses the Digital Copyright Directive issued by the European Commission in May 2001. Most important aspect of the directive; Implementation of the directive; Controversial issues surrounding the directive.

  • How copyright protects your creations. Gardner, Bonnie // NEA Today;Jan98, Vol. 16 Issue 5, p17 

    Provides information on how copyright law can protect people's hard work. Kinds of things people can and cannot copyright; Kind of rights that a copyright can give to people; Description of a copyright notice. INSET: Was your copyright infringed?.

  • Copyright, designs and patents. Keenan, Denis // Accountancy;Oct90, Vol. 106 Issue 1166, p46 

    Reports on the enforcement of the Part V of the Copyright, Designs and Patent Act 1988 in Great Britain. Provisions of the bill; Implementation of the Office of Fair Trading report titled Review of Restrictions on the Patent Agents' Profession which was published in September 1986.

  • Design copying becomes criminal offence. Montgomery, Angus // Design Week (Online Edition);5/15/2014, p4 

    The article reports on the passage of the Intellectual Property Act in Great Britain which is aimed to protect copyright-protected and registered designs and considering the act of deliberate copying of registered designs as a criminal offense.

  • Patent's Role in the Case of Carbon Leakage: Beyond the Orthodox View. Jinheng Feng; Ying Shen // Annual International Conference on Law, Regulations & Public Pol;2014, p77 

    Carbon leakage discussed here refers to the increase of carbon emissions outside a country (or a region) with an ambitious carbon pricing regime, such as an emissions trading scheme (ETS) or a carbon tax. There are three channels through which carbon leakage is affected, i.e. the energy price...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics