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Intellectual Property Law and Interactive Media

Free for a Fee


Edward Lee Lamoureux, Steven L. Baron and Claire Stewart

Now in its second edition, this book offers a comprehensive treatment of intellectual property law and interactive media. Having been thoroughly updated, this edition captures emerging trends and issues in a shifting landscape (including international contexts and games/virtual worlds), legislative and judicial history, and the efforts to balance public and private interests. It explains the details relating to procedural issues in connection with each of the varied and unique forms of intellectual property management (copyright, patent, open source/open publishing, trademark, trade secrets, personal torts – right of publicity, privacy, defamation – and digital rights management) and registration.
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.


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Introduction 1


Introduction Shifting from Public to Private Interests Th e following paradox captures the tone of the “new media environment” as it relates to intellectual property law: “Nothing has changed; everything has changed.” In many ways, relatively little about intellectual property law has changed in the last two hundred years or so. For example, the 1976 revision of the 1909 revision of the 1790 Copyright Act (amended in 1802, 1831, 1856, and 1870) kept in place, for the fruits of creative labor, a regime of protection like that af- forded to real property.1 In America, copyright laws preserve the rights of those who produce creative works or those who have acquired said rights via pur- chase, lease, or inheritance. Th e laws apply to artists and content producers by constraining them from copying the protected works of others. Th e laws also apply to corporate entities such as distributors to keep them from profi ting by selling “illegal” copies of the protected works. Th e 1998 Digital Millennium Copyright Act (DMCA) clarifi ed the application of “current” law to new media works, as well as adding a few principles specifi c to digital works (for example, Lamoureaux.indd Sec1:1 2/2/09 10:46:51 PM  intellectual property law and interactive media specifying that electronic means of protecting copyrighted works should not be circumvented). Th e primary producers and owners of intellectual property have long been, and continue to be, large corporations. Th ese multinational entities play a major role in the development...

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