Garcia v. Google: Works Within Works

Garcia v. Google is a strange case.  If you’re not familiar with the basic facts, here is NPR’s summary. The Ninth Circuit’s opinion can be found here (courtesy of the EFF). Why is it a strange case?  Well, it is not everyday that a copyright infringement lawsuit is predicated on the putative copyright owner’s fear of death threats due to her fraudulently procured authorial contribution to a work viewed by…

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The Player-Authors Project

This probably falls under the category of “self-promotion,” but maybe it also explains why I’ve been quiet on Madisonian for the past few months.  I spent the last year working on an intensive empirical research project funded by the National Science Foundation.  I was leading a team of law students to examine the copyright implications of a variety of user-generated content platforms. Our motivation for the research was what we…

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Speaking of empirical things… Player-Authors Project Initial Results

For me, 2013 has been a pretty empirical year — my main project has been the Player-Authors project, which is an empirical investigation of online creativity, with a focus on creative participation in video games.  A recent Rutgers press release about the project is here. At this point, we are starting to collect and analyze the data from one of our surveys.  The survey was designed to ascertain player perceptions…

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Lord of the Mockbusters: Applying the Rogers Doctrine to Hobbit(tm)

Suppose you’re making or producing a film and you realize that, with the release of a new Tolkien-based movie, The Hobbit: An Unexpected Journey, many consumers are going to be in the mood for purchasing audiovisual content featuring small people and fantastic settings.  You’d like to be able to profit from that enthusiasm, making a movie about small people and monsters and associated elements of the fantasy genre that Tolkien…

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Christie’s Halloween Order and the Sphere of Halloween Justice

James Grimmelmann just noted New Jersey Executive Order 105 (Oct. 31, 2012): NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT: 1. Celebrations of Halloween scheduled for October 31, 2012 in all parts of New Jersey shall be held on Monday, November 5, 2012….

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