Browsing Vanderbilt Law School Faculty Works by Author "Fishman, Joseph P."

Now showing items 1-7 of 7

    • The Copy Process 
      Fishman, Joseph P. (New York University Law Review, 2016)
      There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...
    • Copyright Infringement and the Separated Powers of Moral Entrepreneurship 
      Fishman, Joseph P. (American Criminal Law Review, 2014)
      This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
    • Creating Around Copyright 
      Fishman, Joseph P. (Harvard Law Review, 2015)
      It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission ...
    • Honest Copying Practices 
      Fishman, Joseph P. (Notre Dame Law Review, 2017)
      One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
    • Locating the International Interest in Intranational Cultural Property Disputes 
      Fishman, Joseph P. (Yale Journal of International Law, 2010)
      This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...
    • Music As a Matter of Law 
      Fishman, Joseph P. (Harvard Law Review, 2018)
      What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
    • Originality's Other Path 
      Fishman, Joseph P. (California Law Review, 2021)
      Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...