Intellectual Property Rights

Overview

Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical...

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Overview

Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical and contemporary material, each Issues on Trial volume offers a wealth of information on issues currently confronting society.

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Product Details

  • ISBN-13: 9780737744897
  • Publisher: Gale Group
  • Publication date: 9/4/2009
  • Series: Issues on Trial Series
  • Pages: 209
  • Age range: 15 - 17 Years
  • Product dimensions: 6.20 (w) x 9.10 (h) x 0.70 (d)

Table of Contents

Foreword 11

Introduction 14

Chapter 1 Home Videotaping of Television Shows Does Not Violate Copyright Law

Case Overview: Sony Corporation of America v. Universal City Studios (1984) 19

1 Majority Opinion: Home Taping of Television Shows Is Not an Infringement of Copyright John Paul Stevens 22

2 Dissenting Opinion: Home Taping of Television Shows Is a Violation of Copyright Law Harry Blackmun 33

3 Home Taping of Television Shows Is Not Fair Use Irwin Karp 45

4 The Supreme Court Debated Home Taping of Television Shows at Length Jonathan Band Andrew J. McLaughlin 52

5 The Precedent Set by Sony v. Universal Has Resulted in Illegal Downloading Marci Hamilton 64

Chapter 2 News Media May Not Use Unpublished Material Without Permission

Case Overview: Harper & Row, Publishers, Inc. v. Nation Enterprises (1985) 70

1 Majority Opinion: Newsworthiness Does Not Justify Copyright Violation Sandra Day O'Connor 72

2 Dissenting Opinion: Publication of the Disputed Material Was Fair Use William J. Brennan 82

3 The Court Protected Commercial Interests at the Expense of Free Dissemination of Facts Slade Metcalf 94

4 The Right to Free Speech Includes a Right to Choose Where to Speak George F. Will 101

5 The Fair Use Exemption to Copyright Depends on Factors Specific to Each Case Jack Shafer 105

Chapter 3 The Copyright Term Extension Act of 1998 Is Not Unconstitutional

Case Overview: Eldred v. Ashcroft (2003) 113

1 Majority Opinion: Congress Has the Authority to Set the Copyright Term Ruth Bader Ginsburg 115

2 Dissenting Opinion: The Copyright Term Extension Act Is Unconstitutional Stephen Breyer 124

3 The Copyright Term Extension ActWas Opposed by Scholars and Libraries Andrea L. Foster 134

4 The Copyright Term Extension Act Does Not Serve the Purpose of Copyright David Bollier 144

Chapter 4 Distributing Software Intended for Illegal File-Sharing Violates Copyright Law

Case Overview: Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (2005) 152

1 Unanimous Opinion: Companies That Encourage Illegal File-Sharing Are Liable for Copyright Infringement David Souter 154

2 File-Sharing Networks Hurt Artists and Discourage the Creation of New Works Richard K. Armey 165

3 Some Artists Believe File-Sharing Networks Help Them Jonathan Krim 169

4 Holding Companies Liable for Users' Copyright Violations Discourages Internet Technology Heather S. Hall 173

5 The Grokster Decision Will Not Prevent the Development of File-Sharing Technology Pamela Samuelson 180

Organizations to Contact 190

For Further Research 196

Index 201

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