When it comes to domestic copyright legislation for the digital age, things really haven’t changed much since the implementation of the Digital Millennium Copyright Act (“DMCA”) in 1998. While the legislation hasn’t changed, our creative world certainly has. In 1998, how many of us...

New Media Rights filed comments with the Copyright Office supporting four specific exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions that will protect both internet users and creators' rights under fair use. Exemptions are argued every 3 years, and ensure that...

When it comes to domestic copyright legislation for the digital age, things really haven’t changed much since the implementation of the Digital Millennium Copyright Act (“DMCA”) in 1998. While the legislation hasn’t changed, our creative world certainly has. In 1998, how many of us...

Trademark law is flawed in its approach to trademark uses in entertainment. Infringement turns on whether a consumer is likely to be confused into believing that a markholder sponsored or approved of the use. Because consumers are increasingly aware of product placement and other sponsored mark...

A growing body of scholarship addresses intellectual property's “negative spaces”: areas in which creation and innovation thrive without significant formal protection from intellectual property law. Negative space scholars have, for the most part, taken a utilitarian approach, using case...

This Article considers the question of “what we create when we create.” Certainly, one product of creation is “stuff” – inventions, trademarks, and works of authorship. But the same creative process also generates other public, personal, or social goods, such as skills,...

Several recent case studies have explored industries in what Kal Raustiala and Christopher Sprigman have described as intellectual property’s “negative space”: areas in which creation and innovation thrive without significant protection from intellectual property law. These include such...

The case for reclassifying broadband internet access under Title II, and adopting rules that protect the Open Internet and ensure net neutrality. Introduction & Background: The recent 2014 Notice of Proposed Rulemaking regarding Net Neutrality represents an opportunity for the Federal...

For those of you who haven’t received a letter from your Internet access provider (IAP) in the mail yet, there is a new wave of filesharing cases targeting alleged individual downloaders of copyrighted audiovisual works. Reminiscent of the Recording Industry Association of America’s (RIAA)...