Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Digital Millennium Copyright Act (DMCA) (2)
- Copyright (2)
- Fair use (2)
- Brand confusion (1)
- Copyright law (1)
-
- Dominican Republic (1)
- Health services accessibility (1)
- Information resources (1)
- Informational goods (1)
- Intellectual property (1)
- Law libraries (1)
- Mashups (1)
- Medical jurisprudence (1)
- Noncompeting products (1)
- Patent laws and legislation (1)
- Pharmaceutical patents (1)
- Remix (1)
- Theory of commons (1)
- Trademark law (1)
- Trademark litigation (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet
Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.
Government Relations Office And Copyright Committee, Aall Issue Brief 2010-5, Roger V. Skalbeck, Jennifer Wondracek
Government Relations Office And Copyright Committee, Aall Issue Brief 2010-5, Roger V. Skalbeck, Jennifer Wondracek
Digital Preservation Publications
No abstract provided.
Prescription For Failure: Health & Intellectual Property In The Dominican Republic, Georgetown University Law Center, Human Rights Institute
Prescription For Failure: Health & Intellectual Property In The Dominican Republic, Georgetown University Law Center, Human Rights Institute
HRI Papers & Reports
No abstract provided.
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark law. But …
Questioning Cultural Commons, Lawrence B. Solum
Questioning Cultural Commons, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
In Constructing Commons in the Cultural Environment, Michael J. Madison, Brett M. Frischmann, and Katherine J. Strandburg offer an innovative and attractive vision of the future of cultural and scientific knowledge through the construction of “cultural commons,” which they define as “environments for developing and distributing cultural and scientific knowledge through institutions that support pooling and sharing that knowledge in a managed way.” The kind of “commons” they have in mind is modeled on the complex arrangement of social norms that allocate lobstering rights among fishermen in Maine and extends to arrangements such as patent pools, open-source software development …
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …
Pharmaceutical Patent Litigation Settlements: Implications For Competition And Innovation, John R. Thomas
Pharmaceutical Patent Litigation Settlements: Implications For Competition And Innovation, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry. As with other sorts of commercial litigation, however, the parties to pharmaceutical patent litigation may choose to settle their case. Certain of these settlements have …