Skip to main content
Article
An Empirical Study of the Copyright Practices of American Law Journals
The John Marshall Review of Intellectual Property Law
  • Brian L. Frye, University of Kentucky College of Law
  • Franklin L. Runge, University of Kentucky College of Law
  • Christopher J. Ryan, Jr., Vanderbilt University
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.
Document Type
Article
Publication Date
1-1-2017
Notes/Citation Information

Brian L. Frye, Franklin L. Runge & Christopher J. Ryan, Jr., An Empirical Study of the Copyright Practices of American Law Journals, 16 J. Marshall Rev. Intell. Prop. L. 207 (2017).

Citation Information
Brian L. Frye, Franklin L. Runge and Christopher J. Ryan. "An Empirical Study of the Copyright Practices of American Law Journals" The John Marshall Review of Intellectual Property Law Vol. 16 Iss. 2 (2017) p. 207 - 245
Available at: http://works.bepress.com/brian_l_frye/26/