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Lionel Bently, Jennifer Davis and Jane C. Ginsburg, eds., Cambridge University Press (2010) Envisioning Intellectual Property Rights for a Global Market : Out-takes from the American Law Institute's Project
Columbia University - Law School ( email) 435 West 116th Street Rm 710 New York, NY 10027 United States 212-854-3325 (Phone) 212-854-7946 (Fax)
- Jane C. Ginsburg
- COPYRIGHT AND CONTROL OVER NEW TECHNOLOGIES OF DISSEMINATION
- [Vol. 101:1613
- A. Congress Puts Control to the Fore
- COLUMBIA LAW REVIEW
Columbia Law School, jane.ginsburg@law.columbia.edu Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Computer Law Commons, and the Intellectual Property Law Commons
Jane C. Ginsburg* The relationship of copyright to new technologies that exploit copy-righted works is often perceived to pit copyright against progress. Histori-cally, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright own-ers, courts decline to find infringement...
ers ought to control those new markets by restricting the use of those technologies. There is doctrinal support for the contention that copyright never assured authors even a limited monopoly over all forms of exploitation. For example, the "first sale doctrine" removes the resale and rental mar-kets from copyright owners' control. 8 The fair use e...
Seen in this light, Congress's addition in the DMCA of a new level of copyright owners' control, through the legal protection of technological measures, is consistent with a pattern of ensuring that exclusive rights remain exclusive when entrepreneurs or users of new technologies pro-pose not merely to "share" in a new market that the technologies ...
ment should be distributed. While direct downloads from copyright own-ers enable record-keeping, what if the copying occurs by means of file sharing? Tracking these copies might be technologically possible but so-cially undesirable, given privacy concerns. Statistical sampling may afford another approach but presents difficulties of its own. A syst...
- Jane C. Ginsburg
- 2001
information products such as directories and databases is pressing. Part I of this Article addresses the copyrightability of and scope of protection for works of information after Feist.
- Jane C. Ginsburg
- 1992
Jan 13, 2020 · BPR Interviews: Jane Ginsburg on Technology and Copyright. Rose Houglet | January 13, 2020. As the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School, Jane Ginsburg specializes in legal methods, trademark law, and copyright law, both domestic and international. Having written extensively about these matters ...
May 8, 2020 · Abstract. This book chapter appears in the CAMBRIDGE HANDBOOK ON INTERNATIONAL AND COMPARATIVE TRADEMARK LAW, edited by Jane C. Ginsburg and Irene Calboli (Cambridge Univ. Press 2020). The Chapter provides an overview of the defenses to trademark infringement, dilution, and false endorsement claims that serve the goals of free expression and ...
Recommended Citation. Jane C. Ginsburg, Authors and Users in Copyright , 45 J. Copyright Soc'y U.S.A. 1 (1997). It has become fashionable, among some thinkers and activists in copyright and related fields, to disparage or to deplore copyright protection.
