Law Commons^™

A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen

David R Hansen

Why Full Open Access Matters, Michael W. Carroll

Michael W. Carroll

Rapporteur, Peter Yu

Peter K. Yu

No abstract provided.

Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn

Brook K. Baker

Finding “efficiencies” in global HIV programs is the buzzword of the hour. This term has peppered speeches of everyone from Global AIDS Ambassador Eric Goosby to President Clinton and Bill Gates. Even UNAIDS is utilizing new frameworks for costing HIV interventions focusing on strategic investments instead of needs-based costing. “Efficiency” here is generally taken to mean “do more with less” — save lives with fewer resources and win the war against HIV without funding increases. Although there are efficiencies to be gained, additional up-front investments are necessary to turn the tide against HIV and save future costs. It is also …

The Graduated Response, Peter Yu

Peter K. Yu

No abstract provided.

First Amendment Interests And Copyright Accommodations, David S. Olson

David S. Olson

Copyright law exists to encourage the creation of works of authorship by granting exclusive rights. But copyright’s incentive function seems in tension with the public’s First Amendment interests to use and freely hear copyrighted speech. Conventional wisdom holds, however, that copyright law serves to encourage much more speech than it discourages, and resolves First Amendment concerns with protections internal to copyright law like the fair use defense and the idea/expression dichotomy. This Article argues that the conventional wisdom no longer holds given the unprecedented expansion of copyright’s scope and cor-responding drastic diminution of the public domain in the last three …

First Amendment Based Copyright Misuse, David S. Olson

David S. Olson

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …

A Legitimate Interest In Promoting The Progress Of Science: Constitutional Constraints On Copyright Laws, David S. Olson

David S. Olson

The Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of the Uruguay Round Agreements Act (“URAA”) violate the Progress Clause of the Constitution? (2) Does the URAA violate the First Amendment? This Essay argues that section 514 violates the Progress Clause’s requirement that copyright laws “promote the Progress of Science.” This is because the statute bequeaths copyright status without in return achieving any net increase in the creation or dissemination of creative works. Even if the Government relies on other constitutional authorities to justify section 514—such as the Commerce Clause or the Treaty Power—the limitations …

First Amendment Interests And Copyright Accomodations, David S. Olson

David S. Olson

Copyright law exists to encourage the creation of works of authorship by granting exclusive rights. But copyright’s incentive function seems in tension with the public’s First Amendment interests to use and freely hear copyrighted speech. Conventional wisdom holds, however, that copyright law serves to encourage much more speech than it discourages, and resolves First Amendment concerns with protections internal to copyright law like the fair use defense and the idea/expression dichotomy. This Article argues that the conventional wisdom no longer holds given the unprecedented expansion of copyright’s scope and corresponding drastic diminution of the public domain in the last three …

Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu

Joseph P. Liu

As copyrighted works are increasingly distributed in digital form over the Internet, our conventional print-based understandings of the rights associated with copy ownership are coming into increasing conflict with the copyright owner's right to restrict copying. Specifically, certain common activities, such as reading and transferring physical copies of copyrighted works (such as books), are increasingly being viewed as potential acts of copyright infringement when applied to digital copies. This Article explores this conflict by taking a close look at the concept of copy ownership. It argues that conventional notions of physical property ownership play an important, unrecognized role in copyright …

Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu

Joseph P. Liu

Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …

Copyright Law's Theory Of The Consumer, Joseph P. Liu

Joseph P. Liu

Copyright law has a rather well-developed theory of the author, but it has no similarly well-developed conception of the consumer. This exploratory Article is an attempt to begin piecing together a coherent image of the copyright consumer. The author argues that copyright law currently conceives of consumers in one of two ways, either as passive consumers of copyrighted works or as active authors in their own right. This binary conception of the consumer, however, is incomplete, as it neglects important and complex consumer interests in autonomy, communication, and creative self-expression. By examining these additional interests, it is possible to begin …

Intellectual Property In Acta And The Tpp: Lessons Not Learned, Kimberlee G. Weatherall

Kimberlee G Weatherall

In this paper I am interested in what ACTA as it emerged from the negotiating process has to teach us about the negotiation of international agreements in IP, and in whether we can see any evidence that those lessons have been learned or are being applied to the TPP negotiations. As I will show below, the ACTA text that emerged from several years’ controversial negotiations was a quite different beast from the original aspirations of the negotiating parties. ACTA as it was finalised retreated significantly from earlier proposals: it contains more safeguards, and less detailed and stringent provisions, than was …

Wipo Regional Seminar On The Implementation Of The Wipo Development Agenda, Peter Yu

Peter K. Yu

No abstract provided.

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Social Semiotics In The Fair Use Analysis, H. Brian Holland

H. Brian Holland

No abstract provided.

A Social Semiotic Approach To Copyright Law, H. Brian Holland

H. Brian Holland

No abstract provided.

The Changing Damages Regime: Reasonable Royalties After Lucent And Willful Infringement And Enhanced Damages After Seagate, Christopher B. Seaman

Christopher B. Seaman

No abstract provided.

Vut V Wilson, Uwa V Gray And University Intellectual Property Policies, William Van Caenegem

William Van Caenegem

In Wilson and Gray the respective university intellectual property policies were held to be ineffective. The Federal Court therefore had to examine the default law concerning academic ownership of inventions. The trial judge in Wilson accepted that inventions that were a normal incident of the kind of research a particular academic was engaged to perform may belong to the employing university. However, French J and the Full Court in Gray emphasised that academic autonomy, duty to publish and freedom to collaborate with outsiders set academics apart. Employer ownership of inventions is therefore not to be implied into standard academic employment …

La Rebelion De Las Franquicias, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.

Rodolfo C. Rivas

The authors briefly explore the differences between multi-unit franchising (several units of the same franchise) and pluri-franchising (different franchises that may or may not be in direct competition) and look at its pros and cons as well as the legal risks through a few selected case studies./////////////////////////////Los autores exploran brevemente las diferencias entre multifranquicias (varias unidades de la misma franquicia) y plurifranquicias (unidades de diferentes franquicias que pueden o no estar en competencia directa) a través de sus pros y sus contras, así como sus riesgos legales.

Acta And Global Information Governance, Peter Yu

Peter K. Yu

No abstract provided.

Intellectual Property Transactions In China, Peter Yu

Peter K. Yu

No abstract provided.

An Australian Analysis Of The February 2011 Leaked Us Tppa Ip Chapter Text - Copyright And Enforcement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This document is a summary table of the copyright and enforcement provisions of the (leaked) US February 2011 proposals for the IP chapter of the Trans-Pacific Partnership Agreement (TPPA), and their impact on Australian law. The table includes comments, not only for the benefit of an Australian audience, but also for the benefit of countries not presently party to a US FTA. The latter countries might learn something from Australia’s experience to date.

Social Semiotics In The Infringement Analysis: Excluding Unprotected Elements, H. Brian Holland

H. Brian Holland

No abstract provided.

Intellectual Property Management: Stories Of Successful Strategies, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Marca Corporal, Derecho De Propiedad Intelectual (Derecho De Tatuajes), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.

Rodolfo C. Rivas

The authors go back to the origins of tattoos and trace its way into mainstream pop culture. In doing so, they analyze the legal implications of tattoos relating to IP through various brief case studies.////////////////////////////////////////////////////////////////////////////////////////////////Los autores se remontan a los orígenes de los tatuajes y trazan su camino dentro de la cultura pop. Paralelamente, analizan las implicaciones jurídicas de los tatuajes a través de diversos casos.

Clearings And Thickets, Robert D. Cooter, Aaron Edlin

Robert Cooter

Abstract: Intellectual property rights create temporary monopoly power for innovators. Monopoly pricing transfers wealth to the innovator from the innovations buyers -- consumers, producers, and other innovators. For innovations mostly used in consumption and production, the transfer from consumers and producers to innovators increases the profitability of innovating and causes more of it. The welfare gains from faster growth quickly overtake the temporary losses from monopoly’s dead weight loss. Thus intellectual property rights should be strong for innovations mostly used by consumers and producers. In contrast, for innovations mostly used by other innovators, the transfer of wealth from one innovator …

Clearings And Thickets, Robert D. Cooter, Aaron Edlin

Aaron Edlin

Abstract: Intellectual property rights create temporary monopoly power for innovators. Monopoly pricing transfers wealth to the innovator from the innovations buyers -- consumers, producers, and other innovators. For innovations mostly used in consumption and production, the transfer from consumers and producers to innovators increases the profitability of innovating and causes more of it. The welfare gains from faster growth quickly overtake the temporary losses from monopoly’s dead weight loss. Thus intellectual property rights should be strong for innovations mostly used by consumers and producers. In contrast, for innovations mostly used by other innovators, the transfer of wealth from one innovator …

Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller

Robert Percival

This paper examines claims that intellectual property law, which is designed to create incentives for innovation, actually may inhibit the transfer to developing countries of green energy innovations. Although the paper cannot find significant examples of green energy technologies whose diffusion has been hindered by existing intellectual property protections, it explores strategies, such as compulsory licensing schemes, for responding to such problems if and when they arise in the future. The paper concludes that intellectual property law need not be an obstacle to a global transformation toward a green energy infrastructure that can promote economic development while advancing new levels …

International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish

Varun Vaish

The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …