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Protecting User Rights Against Contract Override
Get PDFRightsholders often distribute digital content subject to licenses that seek to override exceptions contained in national copyright laws. Recognizing that these license terms could upset their copyright law’s balance between rightsholders and users, legislators around the world have enacted clauses that invalidate license terms inconsistent with their copyright law’s exceptions. This compilation assembles the copyright override prevention clauses adopted in 48 countries over the past 30 years. It also sets forth references to contract override prevention in documents officially presented in the World Intellectual Property Organization, as well as clauses that have been proposed in various fora in the United States
Compliance of National TDM Rules with International Copyright Law: An Overrated Nonissue?
Get PDFSeeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure compliance with the three-step test laid down in Art. 9(2) of the Berne Convention, Art. 13 of the TRIPS Agreement and Art. 10 of the WIPO Copyright Treaty. Against this background, the analysis raises the question whether international copyright law covers TDM activities at all. TDM does not concern a traditional category of use that could have been contemplated at the diplomatic conferences leading to the current texts of the Berne Convention, the TRIPS Agreement and the WIPO Copyright Treaty. It is an automated, analytical type of use that does not affect the expressive core of literary and artistic works. Arguably, TDM constitutes a new category of copying that falls outside the scope of international copyright harmonization altogether
The Forgotten Sexual and Gender-Based Violence of the Vietnam-American War: Is Justice too Late for Vietnamese Victims and Survivors?
Get PDF“The past, far from disappearing or lying down and being quiet, has an embarrassing and persistent way of returning and haunting us unless it has in fact been dealt with adequately.” —Desmond Tutu
The Vietnam-American War ended nearly fifty years ago. However, the atrocities committed during the war have had a devasting impact on the lives of persons involved long after the conflicts’ end. A particularly marginalized group within survivors and victims of the Vietnam-American War is Vietnamese women who experienced sexual and gender-based violence. And given the specific tactics of warfare employed during this war, including the use of poisonous herbicide, the sexual and gender-based violence inflicted on women spans far beyond customary forms of sexual violence during conflict—it has also led to reproductive violence that has most affected Vietnamese women
The Judgment Fund
No full textThe Judgment Fund is the mechanism Congress established to pay most settlements and judgments against the federal government. Paul Figley analyzes why it made sense for Congress to create the Judgment Fund, why Congress should require better reporting of payments made, and why it should consider reasserting some control over huge settlements that, in practical effect, create new government claims programs
Natural Law, Assumptions, and Humility
Get PDFThis review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and the logically inconsistencies involved in Claeys’s attempts to defend the justice of non-Indian claims to land that had belonged to Indian nations
Brief of Administrative Law Scholars as Amici Curiae in Opposition to Petitioners\u27 Request for Reversal
Get PDFAmici curiae are administrative law scholars from universities around the United States.
They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.
Amici have a strong interest in how the Court’s decision will affect the field of administrative law and the enforcement of properly issued regulations and statutes. Amici seek to assist this Court in resolving questions of law that go to the core of their professional expertise and scholarship, namely the application of the nondelegation doctrine to statutory structures that provide agencies with multiple avenues for enforcement
[quote] Los Angeles Chargers Elevating JoJo Wooden Gives NFL Record Number of Black General Managers
No full textWith regard to the position of general manager, the league is in a good place these days, according to N. Jeremi Duru.
A professor of sports law at American University, Duru authored the definitive book on the creation of the Rooney Rule, Advancing The Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL. He’s also among the nation’s foremost experts on the NFL’s hiring practices.
“Just four years ago the NFL had only one general manager of color. Going from one to 10 in four years is progress however you look at it,” Duru wrote in a text message to Andscape. “Now, it’s important to note that it shouldn’t be significant.
“In a league with a player population that is roughly 70% players of color, having 30% GMs of color should not be a big deal. But such diversity is unprecedented in any off-the-field position of power in the NFL. There have never been 10 head coaches of color. There have never been 10 presidents of color. In fact, there have never been 10 offensive coordinators of color.”
When it comes to inclusive hiring at the club level, the NFL still has plenty of heavy lifting to do. With the position of general manager, however, the league is getting the results its top leaders want
How the Supreme Court Sees the Role of the First Amendment in Trademark Law
No full textThe Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, Section Two Small: Exploring the New Constitutional Limits on Trademark Law on Friday, November 3, 2023.The event will consist of panels on topics expected to include the threat of further constitutional challenges to Section 2, the Lanham Act’s core provision on trademark registration, expressive use of trademarks in the wake of Jack Daniels v. VIP Products, and the interaction between trademark law and commercial speech doctrines more generally
[interview] US Charges Russian-Affiliated Soldiers With War Crimes
No full text“That is a million-dollar question,” said Susana SáCouta, director of the War Crimes Research Office at American University’s Washington College of Law.
“What the war crimes statute allows is, if they find themselves in this country [the United States], they can be arrested pursuant to these charges,” SáCouta told VOA. “But that\u27s, of course, an extraordinary if. I don\u27t foresee it happening.”
Still, she said simply bringing the charges will likely send a message.
“This is a significant signal, again, of support for accountability for anyone —Russian nationals or otherwise — who commit war crimes in the context of conflict, particularly now in the context of Ukraine,” SáCouta said
Prof. Christine Haight Farley Explains the Pan American Convention and the COHIBA Decision
No full textAfter reading the COHIBA decision, I decided that I had to turn to Professor Christine Haight Farley of American University Washington College of Law for her help in explaining what this is all about. Many thanks to Prof. Farley for providing the insightful comments below