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Copyright Update For The 2015 Nevada Bar Intellectual Property Law Conference, Marketa Trimble Oct 2015

Copyright Update For The 2015 Nevada Bar Intellectual Property Law Conference, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials to the Intellectual Property Law Section of the Nevada Bar on October 23, 2015. Over the course of her presentation, Prof. Trimble covered significant legal developments and statistical trends in copyright law from the 2014-2015 period, both in the United States and abroad.


Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble Oct 2015

Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble

Boyd Briefs / Road Scholars

On October 16, 2015, Professor Marketa Trimble presented these materials at a conference hosted by the UC Irvine School of Law. The theme of the conference was "Patent Sovereignty and International Law."


Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza Sep 2015

Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza

Nevada Law Journal

No abstract provided.


The Marrakesh Treaty And The Targeted Uses Of Copyright Exhaustion, Marketa Trimble May 2015

The Marrakesh Treaty And The Targeted Uses Of Copyright Exhaustion, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble presented The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion at the International IP Scholars Roundtable held at Duke Law School on May 1, 2015.


The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble Jan 2015

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

Scholarly Works

From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.

This Article posits that …


Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble Jan 2015

Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble

Scholarly Works

The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …


Social Media, Sharing, And Intellectual Property Law, Leah Chan Grinvald Jan 2015

Social Media, Sharing, And Intellectual Property Law, Leah Chan Grinvald

Scholarly Works

No abstract provided.


Are We Serious About Performers' Rights?, Mary Lafrance Jan 2015

Are We Serious About Performers' Rights?, Mary Lafrance

Scholarly Works

Do performers have rights in the expressive works they help to create? Historically, the rights of performers have received far less attention that the rights of traditional authors. The law has been reluctant to recognize performers as authors and, to the extent that performers’ rights are recognized, they are secondary to, and more limited than, the rights of traditional authors. Recent developments, however, have brought performers’ intellectual property rights to the forefront. For a number of reasons, performers in the United States have increasingly begun to assert authorship rights in the works they help to create. In addition, recent international …


Clearing Rights For Entertainment Projects, Mary Lafrance Jan 2015

Clearing Rights For Entertainment Projects, Mary Lafrance

Scholarly Works

No abstract provided.


Policing The Cease-And-Desist Letter, Leah Chan Grinvald Jan 2015

Policing The Cease-And-Desist Letter, Leah Chan Grinvald

Scholarly Works

Americans are renowned for being litigious. But only less than three percent of all disputes end up in court, and a paltry one percent of all filed lawsuits end with a decision on the merits. The reason for this paradox is that most disputes take place outside of the judicial system, and further, most disputes start and end with a cease-and-desist letter. This is particularly the case in the intellectual property area, where seasoned attorneys admit that much of their practice revolves around cease-and-desist letters. Although there is much to favor in the private resolution of disputes, there are economic …