William Mitchell College of Law
An Intellectual Property Law Review
Future Shock and the Copyright Act of 1976: Is Merely Making a Copyrighted Work Available for Digital Transmission a Violation of § 106(3)? PDF 288kb
By Draeke Weseman
“Future Shock” is a psychological state that results when technology outpaces human adjustment. The Copyright Act of 1976 was supposed to introduce a law that would cover all technology “now known or later developed.” This was Congress’ attempt at creating a law that could not be outpaced by technology.
Copyright Blues: Peer-to-Peer Downloading and the Common Threat to Individual Users in the United States and France
PDF 232kb
By Louise Sherman
This paper focuses on the international intersection of the rights of copyright owners and individual end users, as embodied in the recent growth of peer-to-peer (“P2P”) networks. Essentially, this paper explores the historical notions of copyright, the respective concepts of fair or private use of copyrighted works, and the current legal battles over peer-to-peer file sharing in two countries with different legal systems; namely, the United States and France.
Rent To Own: How the Record Rental Amendment of 1984 Actually Hurts the Music Industry PDF 153 kb
By Joshua Jones
It used to be that consumers could walk into a store and rent musical recordings, similar to how they go to movie rental stores today. The Record Rental Amendment of 1984 essentially eliminated the freedom of consumers to rent music, while still allowing for movie rentals. Without the repeal of this legislation, the music industry will continue to control the limited availability of rental music.
A New Kind of Expression: Solving the Problem of Copyrights for Software and Other Functional Works PDF 354 kb
By Steve Hickman
The 1978 CONTU report attempted to address the impact of new technology, particularly software, on Copyright law. That report, and subsequent changes to the law, left broad issues unaddressed that are becoming more significant as technology continues to change. This paper proposes a new regime that will properly address the issue of copyrights for software and other forms of functional expression in a flexible and practical manner, thus maintaining the goal of the 1976 Act to deal with technology now known or later developed.
Trade Dress Law: A Study of Selected Countries PDF 211 kb
By Laurie Young
Trademarks extend beyond just the name and the logo of a product; in many countries three-dimensional shapes such as product designs and product packagings are also considered trademarks. This paper is a case study and analysis of trade dress law in seven countries around the world. The analysis includes the United States, the United Kingdom, Germany, France, Australia, Brazil and Japan.
Capitol Records v. Jammie Thomas District Court Brief PDF 172kb
Tafas v. Dudas District Court Brief PDF 76kb
In re Bilski Appellate Brief PDF 936Kb