www
vjolt.net
Select a Publication
Volume 1 - 1997
Volume 2 - 1997
Volume 3 - 1998
Volume 4 - 1999
Symposium 2000
Volume 5, Issue 2 - Summer 2000
Volume 5, Issue 3 - Fall 2000
Volume 6, Issue 1 - Spring 2001
Volume 6, Issue 2 - Summer 2001
Volume 6, Issue 3 - Fall 2001
Volume 7, Issue 1 - Spring 2002
Volume 7, Issue 2 - Summer 2002
Volume 7, Issue 3 - Fall 2002
Volume 8, Issue 1 - Spring 2003
Volume 8, Issue 2 - Summer 2003
Volume 8, Issue 3 - Fall 2003
Volume 9, Issue 1 - Winter 2004
Volume 9, Issue 2 - Spring 2004
Volume 9, Issue 3 - Summer 2004
Volume 9, Issue 4 - Fall 2004
Volume 10, Issue 1 - Winter 2005
Volume 10, Issue 2 - Spring 2005
Volume 10, Issue 3 - Summer 2005
Volume 10, Issue 4 - Fall 2005
Volume 11, Issue 1 - Winter 2006
Volume 11, Issue 2 - Spring 2006
Volume 11, Issue 3 - Summer 2006
Volume 11, Issue 4 - Fall 2006
Volume 12, Issue 1 - Winter 2007
Volume 12, Issue 2 - Spring 2007
Volume 12, Issue 3 - Summer 2007
Volume 12, Issue 4 - Fall 2007
Volume 13, Issue 1 - Winter 2008
Volume 13, Issue 2 - Spring 2008
Volume 13, Issue 3 - Summer 2008
Volume 13, Issue 4 - Fall 2008
Volume 14, Issue 1 - Spring 2009
Volume 14, Issue 2 - Summer 2009
Volume 14, Issue 3 - Fall 2009
Volume 14, Issue 4 - Winter 2009
Volume 15, Issue 1 - Spring 2010
Volume 15, Issue 2 - Fall 2010
Volume 16, Issue 1 - Spring 2011
Volume 16, Issue 2 - Summer 2011
Volume 16, Issue 3 - Fall 2011
Volume 16, Issue 4 - Winter 2011
or
Select a Topic
Biotechnology
Comparative Law
Contracts Law
Copyright
Economics and Antitrust
Emerging Technologies
First Amendment
Intellectual Property
Internet
Patent Law
Privacy
Telecommunications
Trade Secrets
Trademark
Other
Is Legal File Sharing Legal? An Analysis of the Berne Three-Step Test
by Jason Iuliano
16 Va. J.L. & Tech. 464 (2011)
View PDF
“The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.” – Princess Leia to Grand Moff Tarkin (
Star Wars Episode IV: A New Hope
) “Just legalize file sharing.” This solution, long favored by peer-to-peer users everywhere, has recently been embraced by ...
[show]
“The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.” – Princess Leia to Grand Moff Tarkin (
Star Wars Episode IV: A New Hope
) “Just legalize file sharing.” This solution, long favored by peer-to-peer users everywhere, has recently been embraced by many academics. Although the phrase conjures up visions of a lawless wasteland where copyright is meaningless, such is not the case. Scholars have managed to develop alternative compensation systems that both legalize file sharing and increase artists’ earnings. These plans are well constructed, but one important aspect has been given little attention: under international law, is it legal for a country to legalize file sharing? Since the United States is a signatory to several copyright treaties, all domestic reforms must accord with our international obligations. In particular, any limitations on copyright have to pass the Berne three-step test, a notoriously nebulous standard. This Article argues that a carefully constructed alternative compensation system would pass the test and satisfy international copyright law. To reach this conclusion, the paper develops a framework for the Berne three-step test that has applications beyond the file-sharing domain. [
hide
]
Towards a Brighter Fourth Amendment: Privacy and Technological Change
by Joshua S. Levy
16 Va. J.L. & Tech. 499 (2011)
View PDF
This Article seeks to solve the problem of technological change eroding privacy by developing a framework of bright-line Fourth Amendment rules. As technologies such as the Internet become increasingly important in our daily lives, we come to expect less privacy. The Fourth Amendment, which ...
[show]
This Article seeks to solve the problem of technological change eroding privacy by developing a framework of bright-line Fourth Amendment rules. As technologies such as the Internet become increasingly important in our daily lives, we come to expect less privacy. The Fourth Amendment, which protects citizens against unreasonable government intrusions, provides increasingly less protection as technology diminishes privacy expectations. Moreover, law enforcement agencies continually develop more sophisticated surveillance technology to spy on private conduct. However, courts are unable to keep up with these rapid technological developments. Technology changes too quickly even for statutory rules, and law enforcement lobbies legislatures to protect less privacy. Also, law enforcement agencies have little incentive to regulate themselves to protect privacy. Therefore, the courts must adopt bright-line Fourth Amendment rules. Given the strictness of such rules, they should only be initially adopted for homes and human bodies, uncontroversial areas that have received longstanding, heightened legal protection. [
hide
]
The Role of Transformative Use: Revisiting the Fourth Circuit’s Fair Use Opinions in Bouchat v. Baltimore Ravens
by Jason M. Nolan
16 Va. J.L. & Tech. 538 (2011)
View PDF
The Fourth Circuit opinion in
Bouchat v. Baltimore Ravens
illustrates the important role of copyright law’s transformative use doctrine in fair use cases. A secondary use of a copyrighted work is transformative if the work was employed in a different manner or for a ...
[show]
The Fourth Circuit opinion in
Bouchat v. Baltimore Ravens
illustrates the important role of copyright law’s transformative use doctrine in fair use cases. A secondary use of a copyrighted work is transformative if the work was employed in a different manner or for a different purpose. The majority opinion found the use of plaintiff’s work in documentary films of the Ravens to be non-transformative and therefore infringing, whereas the dissenting and district court judges found the use to be transformative and as such a fair use. To determine which opinion is more persuasive, this article reviews the history of transformative use, its application in recent case law, and two alternative fair use tests proposed by scholars. This article concludes that
Bouchat
was decided incorrectly and that the dissenting opinion properly characterized the plaintiff’s work as a historical artifact, which the defendants used out of necessity in order to create accurate documentaries. [
hide
]
Citation Policy
Reprint Policy
Although this organization has members who are University of Virginia students and may have University employees associated or engaged in its activities and affairs, the organization is not a part of or an agency of the University. It is a separate and independent organization which is responsible for and manages its own activities and affairs. The University does not direct, supervise or control the organization and is not responsible for the organization's contracts, acts or omissions.