Law Commons^™

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Journal of Intellectual Property Law

No abstract provided.

Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon

Journal of Intellectual Property Law

No abstract provided.

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Journal of Intellectual Property Law

No abstract provided.

United States Response To Questionnaire Concerning Applied Arts Under Ip Law: The Uncertain Border Between Beauty And Usefulness, June M. Besek, Robert E. Bishop, Jane C. Ginsburg, Philippa Loengard, Nathalie Russell

Faculty Scholarship

ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.

Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Journal of Intellectual Property Law

No abstract provided.

The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon

Journal of Intellectual Property Law

No abstract provided.

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.

Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye

Law Faculty Popular Media

Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response.

It can be difficult to determine whether found footage is protected by copyright, who owns the …

"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash

Journal of Intellectual Property Law

No abstract provided.

The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen

Journal of Intellectual Property Law

No abstract provided.

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Journal of Intellectual Property Law

No abstract provided.

Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote

Journal of Intellectual Property Law

No abstract provided.

Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt

Journal of Intellectual Property Law

No abstract provided.

Complete Preemption And Copyright: Toward A Successive Analysis, Mark Lindsay

Journal of Intellectual Property Law

No abstract provided.

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications & Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …

Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Petitioner, Mark Mckenna, Mark A. Lemley, Christopher Jon Sprigman, Rebecca Tushnett

Court Briefs

In its 1976 revision of the Copyright Act, Congress decided to separate applied art from industrial design, admitting the former to copyright and excluding the latter. It drew this distinction precisely because it intended to differentiate copyright from design and utility patent. Congress recognized as applied art only those aesthetic features of a useful article that could be “separated” from that useful article rather than being integrated into the article.

The correct test of separability therefore considers conceptual separability to be nothing more than a coda to physical separability, and asks only whether the claimed design could be removed from …

The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto

Marquette Intellectual Property Law Review

None

Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens

NYLS Law Review

No abstract provided.

Fair Use And The New Transformative, Brian Sites

Faculty Scholarship

No abstract provided.

Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar

Brooklyn Journal of International Law

The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley

Scholarly Works

The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …

Copyright In Pantomime, Brian L. Frye

Law Faculty Scholarly Articles

Why does the Copyright Act specifically provide for the protection of “pantomimes”? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '“pantomimes” was forgotten. This Article argues that …

"Courts Have Twisted Themselves Into Knots": Us Copyright Protection For Applied Art, Jane C. Ginsburg

Faculty Scholarship

In copyright law, the marriage of beauty and utility often proves fraught. Domestic and international law makers have struggled to determine whether, and to what extent, copyright should cover works that are both artistic and functional. The U.S. Copyright Act protects a work of applied art "only if, and only to the extent that, its design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." While the policy goal to separate the aesthetic from the functional is clear, courts' application of the statutory "separability" …

Creative Sparks: Works Of Nature, Selection, And The Human Author, Neal F. Burstyn

Kernochan Center for Law, Media, and the Arts

It is now common knowledge that if you put a bunch of monkeys in a room with a typewriter, they will eventually reproduce the works of Shakespeare. But according to the United States Copyright Office, if you give that same group of monkeys a camera, you do not get copyright in any pictures they may happen to take. In 2011, British wildlife photographer David Slater was in Indonesia when a group of crested black macaques began playing with his camera equipment and snapped some pictures, one of which went viral and proved temporarily profitable for Slater. The popular image, known …

Preliminary Comments On Restatement Of Copyright, Draft 2, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

Thank you for the opportunity to comment on Preliminary Draft 2 of the Restatement of Copyright. These are preliminary comments, given the short time frame provided to review the draft, and we anticipate sending further comments after we’ve had the opportunity to study the draft further, or as a follow-up to the Advisers’ meeting and the Consultative Group meeting on November 10 and 11, 2016, respectively.