Back in 2012, I was talking with an acquaintance, who happens to be a copyright scholar, about a cease and desist letter that an artist had received from a publisher. The publisher objected to the artist’s display and sale of works that collaged cutouts from a comic book with new material...

Sometimes technological change is so profound that it rocks the foundations of an entire body of law. Peer-to-peer (P2P) filesharing systems - Napster, Gnutella, KaZaA, Grokster, and Freenet3 - are mere symptoms of a set of technological innovations that have set in motion an ongoing process of...

[T]his article seeks to examine the extent to which Singapore copyright and registered design laws offer protection to persons, creators and other rights owners against. . . unlicensed use of their names, images and creations

Intellectual property rights are fundamental to how economies organize innovation and steer the diffusion of knowledge. Copyright law, in particular, has developed constantly to keep up with emerging technologies and the interests of creators, consumers, and intermediaries of the different...

This report examines data on the effects of Internet peer-to-peer (P2P) file sharing activities on music purchasing which were obtained from a survey commissioned by Industry Canada. The survey was designed to “inform Industry Canada's policy development work” and ultimately therefore...

Copyright requires us to distinguish between two different ways of transforming a “work of authorship”: “derivative works” and “transformative fair uses.” The absence of a clear line results in a tendency to assign all value arising proximately from a work to copyright owners. Many...

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how...

The creation and growth of online fantasy sports games has resulted in an interesting struggle between the First Amendment rights of sports fans and sports players' right of publicity. Fantasy sports websites state that they have a constitutional right to use players' names in their online...

Human-created works represent critical data inputs to artificial intelligence (AI). Strategic behaviour can play a major role for AI training datasets, be it in limiting access to existing works or in deciding which types of new works to create or whether to create new works at all. We examine...

US copyright law deserves credit for encouraging an outpouring of original expressive works, bequeathing us a rich cultural heritage. But the copyright regime has grown too big and too powerful. We need to pursue a new direction in copyright reform: toward freedom. We can best improve copyright...