Monthly Archives: November, 2024
Catherine Bond, ‘Moral rights in Australia: a case law retrospective’
ABSTRACT It has been 25 years since Australia formalized its moral rights regime, amending Part IX of the Copyright Act 1968 (Cth) to include three moral rights: the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity. This two-part series provides a retrospective of case law on […]
Drew Garden, ‘Whose Equity? Interpreting Statutes Authorizing Equitable Remedies’
ABSTRACT The role of equity in federal law has sparked significant recent debate. Much ink has been spilled over the appropriate role of the general equity power in federal jurisprudence. Less attention has been paid to the interpretation of statutes explicitly authorizing equitable remedies. Equity, by its very nature, is a shifting field. In fact, […]
‘Hillbilly Equity: Woollums v Horsely as Mountain Melodrama’
When I began teaching contracts, I used the Dawson, Harvey, and Henderson Contracts casebook. As do many casebook authors, Dawson chose cases whose entertainment value enhanced their pedagogical effects. The defense of unconscionability was illustrated by Woollums v Horsley, 20 SW 781 (Ky App 1892), a masterpiece of the melodramatic genre of appellate opinion-writing. The […]
Donna Yates, ‘T rex is Fierce, T rex is Charismatic, T rex is Litigious: Disruptive Objects in Affective Desirescapes’
ABSTRACT In this paper we present T rex fossils as disruptive objects that can drastically influence the actions and reactions of humans that encounter them. We present a vision of the T rex as being a key node within a web of human and object associations that ultimately produces, first, extreme desire in humans, and […]
Eleonora Rosati, ‘Is text and data mining synonymous with AI training?’
In late September 2024, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Articles 3 and 4 of the DSM Directive. The Hamburg court ruled that LAION could rely on […]
Jeremy Telman, ‘When Specific Performance of Personal Service Contracts Is the Right Remedy’
ABSTRACT This brief response to ‘The Case for Specific Performance of Personal Service Contracts’ by Kim Krawiec and Nate Oman builds on their suggestions for a limited expansion of the availability of the specific performance remedy in contracts for personal services. The response quickly reviews Professor Krawiec and Oman’s arguments and registers some skepticism as […]
Simha and Ram Mohan, ‘Trademark Proprietor’s “Moral Right” as an Exception to the Doctrine of Exhaustion of Rights in Trademarks’
ABSTRACT Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially evident in the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow […]
Philip Gavin, ‘Newcomer Injunctions: Equitable Innovation or Constitutional Challenge?’
ABSTRACT Newcomer injunctions are an equitable jurisdiction recently recognised by the courts in England and Wales which allow claimants to seek injunctive relief against parties who have yet to commit or threaten to commit the wrongful action in question. As these are an exceptional model of equitable relief that apply potentially against the whole world, […]
‘Opinion of the European Copyright Society on the CG and YN v Pelham GmbH and Others, Case C-590/23 (Pelham II)’
In its latest opinion, the European Copyright Society has reviewed the German Federal Court of Justice’s (BGH) referral in the Pelham II (aka Metall auf Metall) case. Although the beginning of the legal dispute dates back to 1999, a quarter century seemed to be not enough to answer all possible questions surrounding the sampling of […]
Haun and Robinson, ‘Do You Agree?: The Psychology and Legalities of Assent to Clickwrap Agreements’
ABSTRACT When first accessing a website or online service, users are confronted with terms of service and privacy policies. These terms and policies are adhesion contracts which the user must accept to use the website or service. Virtually all users simply click ‘I agree’ without reading the terms of these contracts. The law construes this […]