Intellectual Property Law and Interactive Media: Free for a Fee

Description

Cover Contents Preface to the 2nd Edition Introduction Shifting between Public and Private Interests Nine Important Developments in the Intellectual Property Landscape Property Law Governing Products of the Mind Information Stewards’ Rights and Responsibilities Types and Categories of Intellectual Property Law Finding, Reading, and Analyzing the Sources of Intellectual Property Law Organization of the US Court System Specialized Tribunals for Certain Intellectual Property Disputes How to Locate Intellectual Property Law Reading the Law Important Terminology for Understanding Court Processes and Cases Issues and Facts Terms Referring to the Parties to Civil Actions Parts of the Case File Preview Learning Objectives and Discussion Questions Chapter One: Copyright Introducing Complexities in Copyright Law Developing Copyright Law Introduction to Copyright Basics Establishing Copyright Protection Copyright Ownership The Rights Conferred Exceptions Compulsory Licensing Duration Infringement and Punishment Cease and Desist Notifications and Injunctions Notice and Takedown Protocols under the DMCA Legislative Development of US Copyright Law Copyright Legislation: 1780–1910 Early English Influences Early American Scene US Copyright Legislation: 1913–1950 US Copyright Legislation: 1950–1976 US Copyright Legislation: 1976–1998 US Copyright Legislation: 1998 The Copyright Term Extension Act (CTEA) of 1998 The Digital Millennium Copyright Act (DMCA) of 1998 US Copyright Legislation: 1999–2013 Emerging Trends in Copyright Law and Litigation Expiration of the Term Extension in 2018 Potential Widening of Copyright Termination Conflicts between the Derivative Right and Transformative Fair Use Using International Trade Negotiations as Leverage for Domestic Lawmaking Relief from the DMCA’s Anti-Circumvention Limitations in Situations of Private Use Copyright and Cloud-Based Services X Strikes and You Are Disconnected? What Behavior Should the Safe Harbors Protect? Scraping and Aggregating Content Consequences of the Google Books/Search/Universal Library Project The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter One: Copyright Cases” Summary Learning Objectives and Discussion Questions Chapter Two: Three Copyright Issues Introducing Three Special Copyright Issues Fair Use Purpose and Character of the Use in Parody: 2Live Crew Nature of the Work: J. D. Salinger’s Unpublished Letters Amount and Substantiality: Cake-Decorating Instruction Booklets Market Effect: Hustler v. Moral Majority Fair Use in Practice De minimis Use and Private Use Market Failure Transformative Use Transformative Use in Action: Authors Guild, Inc. v. HathiTrust Perhaps Written Guidelines Are the Answer? Public Domain Orphaned Works Emerging Trends in Three Copyright Issues Fair Use: Friend of Criticism, Foe of Praise Repair of the DMCA-Mandated Takedown Protocols Reconfiguration of the Relationships between Copyright and the Public Domain Postmortem Right of Publicity and the Public Domain The Status of International Orphaned Works The End of the Google Books/Search Litigation May Amplify the Orphaned Books Issue The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Two: Three Copyright Issues Cases” Summary Learning Objectives and Discussion Questions Chapter Three: Patent Patent Our App? Aren’t Patents Too Expensive to Pursue? Acquiring Patents Patent Categories and Types Patent Procedures Conditions for Obtaining Patents Legislative Development of US Patent Law Patent Legislation, 1400–1780 Early Influences Early England Patents in Colonial America and Early US Patents in Nineteenth-Century US Patents in Twentieth-Century US Leahy-Smith America Invents Act (AIA) Emerging Trends in Patent Law and Litigation Ramifications of the Changes Brought about by the AIA Patent Trolls and Investment Portfolios Contested Patent Categories: Business Methods/Process Contested Patent Categories: Software Contested Patent Categories: Genetic Materials Lack of Insurance or Indemnity for Patent Infringement Claims The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Three: Patent Cases” Summary Learning Objectives and Discussion Questions Chapter Four: Open Source and Open Access Varieties of Openness Brief History of Open Source Software in the United States Legal Foundations for Open Source Brief History of Open Access in the United States Open Access: Origins and Motivations Mandates, Legislation, and Rulemaking Emerging Trends in Open Source and Open Access Contestation over Unix and Linux Kernels Down with the Trolls Voluntary v. Forced Participation in Open Access Publishing The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Four: Open Source Cases” Summary Learning Objectives and Discussion Questions Chapter Five: Trademarks Trademarks: Shifting on Stable Ground Acquiring Trademarks Infringement, Dilution, and Penalties Legislative Development of US Trademark Law Trademark Laws and Their Concerns Early History of Trademarks Modern Trademark Legislation and Development Emerging Trends in Trademark Law and Litigation Steady Growth in the Numbers of Trademark Applications New Generic Top-Level Domain Designations (gTLDs) Use of Trademarks by Celebrities and in Politics Trademarks in Search and Keyword Advertising Using Trade Dress to Protect Website Designs Inappropriate Uses of Trademarks in Virtual Worlds The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Five: Trademark Cases” Summary Learning Objectives and Discussion Questions Chapter Six: Trade Secrets Trade Secrets: “And Who Can You Tell?” Defining, Establishing, and Maintaining Trade Secrets Non-Disclosure Agreements (NDAs), Confidentiality Agreements, and Non-Competition Agreements: Covenants Governing Employee/Employer Behavior and Trade Secrets Non-Disclosure Agreements Confidentiality Agreements Non-Competition Agreements Remedies and Penalties Legislative Development of US Trade Secret Law Early Influences Restatement of Torts, 1939 Uniform Trade Secrets Act (UTSA) 1968–1985 Fine Points of the UTSA Economic Espionage Act of 1996 (EEA) Emerging Trends in Trade Secret Intellectual Property Law Increases in Trade Secret Litigation and Skyrocketing Awards High Profile Criminal Prosecutions Trade Secrets in a Social Media World The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Six: Trade Secrets Cases” Summary Learning Objectives and Discussion Questions Chapter Seven: Tort Laws for Intellectual Property of the Persona Historical Touch Points Tort Liability in New Media Emerging Trend in Tort Laws for Intellectual Property of the Persona: Reconsideration of Section 230 Immunity Intellectual Property Law of the Person and New Media: Right of Publicity Is It All About You? Important Exceptions to the Right of Publicity Foundations for the Right of Publicity Emerging Trends in Right of Publicity Law and Litigation Right of Publicity and the Sports Image Images of Private Citizens in Commercial Environments Scrutiny of Differing State Statutory Publicity Rights Standards Ownership/Control over Workplace Social Media Accounts The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Seven: Tort Laws for Intellectual Property of the Persona Cases” Summary Intellectual Property Law of the Person and New Media: The Right of Privacy in the Persona Did I Give You Permission to Look at My Stuff? Foundational Legislative Developments in Privacy Rights of the Persona Constitutional Protections Statutory Privacy Developments Emerging Trends in Privacy of the Person in New Media Difficulties When Legislating Privacy Protections Controversies over Genetic Materials as Intellectual Property The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Seven: Tort Laws for Intellectual Property of the Persona Cases” Summary Intellectual Property Law of the Person and New Media: Defamation “What’s That You Said about Me?” Emerging Trends in Defamation in New Media Inconsistent Application of CDA Section 230 or First Amendment in Defamation Cases Businesses Are Fighting Back against Unfavorable Reviews Reduce the Risk of Successful Defamation Claims; Provide Hyperlinked Citations Bloggers and Social Media Posters with Traditional Press Rights Federal Consolidation of State-Based Anti-SLAPP Laws Is Needed The Global Nature of the Internet Equals “Virtually Limitless” Online Defamation The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Seven: Tort Laws for Intellectual Property of the Persona Cases” Summary Learning Objectives and Discussion Questions Chapter Eight: International Intellectual Property Laws and Systems Complexities of the International Scene US Intellectual Property and Global Economic Trends Global Intellectual Property Benefits and Risks US Intellectual Property and Governmental Trade Policies Resistance to the US Intellectual Property Regime The Internet Changes Everything The International Legal Environment for Intellectual Property Law Emerging Trends in International Intellectual Property Law and Litigation US Efforts to Legislate against Global Piracy US Efforts to Prosecute Pirates X Strikes and You’re Out! Technological Solutions to New Media Problems We’re Number 2; We’re Number 3; We’re Number X? The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Eight: International Intellectual Property Laws and Systems Cases” Summary Learning Objectives and Discussion Questions Chapter Nine: Digital Rights Management Forget the Zombie Apocalypse; How DRM Works Acts vs. Tools Strange but True: A Tale of Digital Rights Management—The Secure Digital Music Initiative (SDMI) Exemptions from the DMCA Triennial Rulemaking A Turning Tide? DRM’s Effectiveness Emerging Trends in Digital Rights Management WWW Standards that Facilitate DRM Gamers Hate DRM, or, They Are Resigned to It Mobile Phones: Locked v. Unlocked The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Nine: Digital Rights Management Cases” Summary Learning Objectives and Discussion Questions Chapter Ten: Intellectual Property Law in Virtual Worlds and Games Ten Intellectual Property Law Issues for Virtual Worlds and Games Definitions and Conceptual Distinctions Games, Virtual Worlds, and the Magic Circle The Nature of Content Ownership in Games and Virtual Worlds The Assignment of Rights Ownership and Control The Intellectual Property Rights Implicated in Games and Virtual Worlds Copyright Patents Trademarks Trade Secrets Torts of the Persona Control Mechanisms: Jurisdiction and EULAs/ToS Ownership, Rights, and Control Illustrated by Second Life Some of the Issues Raised by How Linden Lab Treats Intellectual Property Rampant Infringement or Transformative Fair Use? The DMCA Safe Harbor: Online Game and Virtual World Companies as ISPs or Content Providers? Emerging Trends in Intellectual Property Law in Games and Virtual Worlds Open Source Games and Virtual Worlds Online Fan Culture, Modders, and Co-developers Challenge Intellectual Property Rights Realistic Imagery in Games and Virtual Worlds First-Sale Doctrine and Transmission Long-Term Impacts of Athletes’ Right of Publicity Cases The Following Cases Are Analyzed in Case Analyses for Intellectual Property Law and New Media, “Chapter Ten: Intellectual Property Law in Virtual Worlds and Games Cases” Summary Learning Objectives and Discussion Questions Chapter Eleven: Surveying the Intellectual Property Landscape Eight Change Proposals Notes Glossary Works Cited Cases About the Authors Index