An Empirical Study of Law Journal Copyright Practices

40 Pages Posted: 24 Apr 2016 Last revised: 5 Feb 2017

See all articles by Brian L. Frye

Brian L. Frye

University of Kentucky - College of Law

CJ Ryan

Roger Williams University School of Law; American Bar Foundation

Franklin L. Runge

Washington & Lee, School of Law

Date Written: April 20, 2016

Abstract

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright Best Practices for Law Journals in order to encourage both open-access publishing and fair use.

Keywords: copyright, legal scholarship, empirical legal studies

Suggested Citation

Frye, Brian L. and Ryan, Christopher and Runge, Franklin Lawrence, An Empirical Study of Law Journal Copyright Practices (April 20, 2016). 16 J. Marshall Rev. Intell. Prop. L. 207, 2017. Available at SSRN: https://ssrn.com/abstract=2767875 or http://dx.doi.org/10.2139/ssrn.2767875

Brian L. Frye (Contact Author)

University of Kentucky - College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

HOME PAGE: http://law.uky.edu/directory/brian-l-frye

Christopher Ryan

Roger Williams University School of Law ( email )

10 Metacom Avenue
Bristol, RI 02809
United States

American Bar Foundation ( email )

750 N. Lake Shore Drive
4th Floor
Chicago, IL 60611
United States

Franklin Lawrence Runge

Washington & Lee, School of Law ( email )

204 W Washington St
Lexington, VA 24450
United States
540-458-8547 (Phone)

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