Four luminaries of copyright law and scholarship submitted a letter to the American Law Institute (ALI) formally withdrawing their names as Advisers from the Restatement of Copyright Law, approval of which is set to be voted on next week. Professors Shyam Balganesh, Jane Ginsburg, and Peter Menell, along with attorney David Nimmer submitted the May 12 letter conveying strong disagreement ...
Justice O’Connor, in Harper & Row v. Nation Enterprises (1985), called copyright “the engine of free expression.” This was not a novel idea. The Justice was merely summarizing a well-established relationship between an author’s copyrights and the freedom to express herself as she wishes. Freedom in artistic expression requires that the author have a degree of personal economic liberty, which ...
On June 7 and 8, the membership of the American Law Institute will vote on several sections of the Restatement of Copyright, covering a range of topics, including categories of works, scope of protection, ownership, and transfers of rights. Restatements of Law are the primary work product of the ALI, and the century-old institution has never before embarked on a ...
Episode Contents 58:12 – Overview of the American Law Institute and Restatements of Law 06:13 – Restatements have never addressed areas of primarily statutory law. 08:53 – Development of the 1976 Copyright Act 15:17 – “Why we are not opposed to the idea of a Restatement.” 25:09 – Criticism of the project’s lack of transparency. 31:28 – Criticism of the ...
Assuming the Republic survives the present era, I think the retrospective phrase we might use to describe the spirit of the last two decades might be If it ain’t broke, hold my beer. Because it does seem as though quite a few people in positions of influence were at some point infected by the tech industry’s disrupt everything culture and, thus, began dismantling core ...
