Intellectual Property Rights

Intellectual Property Rights

by Sylvia Engdahl


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Product Details

ISBN-13: 9780737744897
Publisher: Greenhaven Publishing
Publication date: 09/04/2009
Series: Issues on Trial Series
Pages: 209
Product dimensions: 6.20(w) x 9.10(h) x 0.70(d)
Age Range: 15 - 17 Years

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Chapter 2 News Media May Not Use Unpublished Material Without Permission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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