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Intellectual Property Law

William & Mary Law Review

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Full-Text Articles in Law

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman Oct 2017

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman

William & Mary Law Review

When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …


A Pasture Theory Of Creative Controls: A New Approach To Copyright And Patent Subject Matter Overgrowth, Maximilian Meese Apr 2015

A Pasture Theory Of Creative Controls: A New Approach To Copyright And Patent Subject Matter Overgrowth, Maximilian Meese

William & Mary Law Review

No abstract provided.


Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu Apr 2001

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

William & Mary Law Review

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 …


Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer Oct 1997

Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer

William & Mary Law Review

No abstract provided.


Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas Mar 1994

Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas

William & Mary Law Review

No abstract provided.


Rethinking Originality, Russ Versteeg Mar 1993

Rethinking Originality, Russ Versteeg

William & Mary Law Review

No abstract provided.