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So far Jane C. Ginsburg has created 41 blog entries.

‘Courts Have Twisted Themselves Into Knots’: U.S. Copyright Protection for Applied Art

Prof. Jane C. Ginsburg, Columbia University School of Law* June 29, 2016 Courts have twisted themselves into knots trying to create a test to effectively ascertain whether the artistic aspects of a useful article can be identified separately from and exist independently of the article's utilitarian function. Varsity Brands, Inc. v. Star Athletica, LLC, 799 [...]

By |2018-07-03T17:16:30+00:00June 29th, 2016|Intellectual Property Issues|Comments Off on ‘Courts Have Twisted Themselves Into Knots’: U.S. Copyright Protection for Applied Art

Losing Credit: Legal Reponses to Social Media Platforms’ Stripping of Copyright Management Metadata from Photographs

Prof. Jane C. Ginsburg, Columbia University School of Law* May 30, 2016 Photographers, graphic designers, and photo agencies have expressed dismay over the systematic stripping of copyright management information (CMI), including author identification, from images uploaded to social media platforms.  Sometimes downstream users remove author identification, often unwittingly, as detailed in this recent blogpost by [...]

By |2018-07-04T13:03:45+00:00May 30th, 2016|Intellectual Property Issues|Comments Off on Losing Credit: Legal Reponses to Social Media Platforms’ Stripping of Copyright Management Metadata from Photographs

‘Security Failure Fair Use Analysis’

Prof. Jane C. Ginsburg, Columbia University School of Law* January 25, 2016 The 1980s brought us market failure fair use analysis.1  Will the 20-teens bring us security failure fair use analysis, particularly in cases of mass digitization?  Regarding market failure, Professors Wendy Gordon, Rob Merges, and many others have shown that the absence of manageable [...]

By |2018-07-03T17:42:58+00:00January 25th, 2016|Intellectual Property Issues|Comments Off on ‘Security Failure Fair Use Analysis’

Copyright: No Longer a Property Right?

Prof. Jane C. Ginsburg, Columbia University School of Law* November 24, 2015 In this time of prospective copyright reform, some have called for revising copyright law to make a showing of commercial harm an obligatory element of the plaintiff’s infringement case.1  The result: Even were an author’s work copied or communicated to the public, she [...]

By |2018-07-03T17:17:57+00:00November 24th, 2015|Intellectual Property Issues|Comments Off on Copyright: No Longer a Property Right?

Google Books and Fair Use: From Implausible to Inevitable?

Prof. Jane C. Ginsburg, Columbia University School of Law* October 19, 2015 A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers.  Over 10 years ago, when Google began its massive digitization and storage program, with the [...]

By |2018-07-03T17:18:56+00:00October 19th, 2015|Intellectual Property Issues|Comments Off on Google Books and Fair Use: From Implausible to Inevitable?

Making Art and Making a Living*

Prof. Jane C. Ginsburg, Columbia University School of Law August 24, 2015 Yesterday’s New York Times Magazine cover story featured a remarkably sanguine article about the prospects for creators and creativity in the online environment.  See “The Creative Apocalypse That Wasn’t.”  Good news in the creative arena being hard to find, the author’s perception of [...]

By |2018-07-03T17:20:18+00:00August 24th, 2015|Intellectual Property Issues|Comments Off on Making Art and Making a Living*

Author-Protective Laws in International Dimension

Prof. Jane C. Ginsburg, Columbia University School of Law June 15, 2015 Copyright generally vests in the author, the human creator of the work.  But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works.  [...]

By |2018-07-03T17:44:10+00:00June 15th, 2015|Intellectual Property Issues|Comments Off on Author-Protective Laws in International Dimension

The Next Great Copyright Act: Remember the Authors! (II)

Prof. Jane C. Ginsburg, Columbia University School of Law April 6, 2015 In a previous column (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both authors’ attribution and economic interests.  The earlier column addressed attribution; this column will consider remuneration, [...]

By |2018-07-03T17:45:18+00:00April 6th, 2015|Intellectual Property Issues|Comments Off on The Next Great Copyright Act: Remember the Authors! (II)

Authors’ Rights Under the ‘Next Great Copyright Act’

Prof. Jane C. Ginsburg, Columbia University School of Law February 17, 2015 When our nation’s Founders were heading to the Continental Congress, Abigail Adams entreated husband John to “remember the Ladies.”  We know what became of that plea.  So, as the prospect of “the next great copyright act” sparks Copyright Office and PTO studies, congressional [...]

By |2018-07-03T17:46:26+00:00February 17th, 2015|Intellectual Property Issues|Comments Off on Authors’ Rights Under the ‘Next Great Copyright Act’

Actors as Authors?

Prof. Jane C. Ginsburg, Columbia University School of Law December 1, 2014 The Ninth Circuit recently agreed to hear Garcia v. Google (original opinion 2-27-14, amended 7-11-14)1 en banc, thus vacating a controversial decision by Judge Alex Kozinski recognizing a film actor’s copyright ownership of her performance in the film.  The facts of the case [...]

By |2018-07-03T17:48:24+00:00December 1st, 2014|Intellectual Property Issues|Comments Off on Actors as Authors?