Category Archives: Current Issue: Articles

Pinterest and Copyright’s Safe Harbors for Internet Providers

BY MICHAEL W. CARROLL — Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago […]

The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property

BY JAMES D. LAMM, CHRISTINA L. KUNZ, DAMIEN A. RIEHL & PETER JOHN RADEMACHER — The digital world is a popular place these days. In its fourth quarter of 2012, Facebook reported 618 million daily users. In fiscal year 2012, Google reported 235 million active users across its properties (e.g., Gmail and YouTube); Activision Blizzard […]

Our Copyright Code: Continue Patching or Start Rewriting?

BY HONORABLE EDWARD J. DAMICH — The Copyright Act of 1976 was a marvelous achievement. It clarified, redesigned, and updated copyright law and brought it into the era of the photocopier, the tape recorder, and cable TV. Over twenty years in the making, the Copyright Act’s singular misfortune was the timing of its completion, which […]

Inconsistency in Antitrust

BY RAMSI A. WOODCOCK — When the price of a good is too high, consumers who can afford to pay cost, including enough profit to make production worth the manufacturer’s while, but cannot pay enough to meet the high price, are forced to do without. Economics teaches that efficiency would increase if price were to […]