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Full-Text Articles in Law
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
William & Mary Law Review
This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.
Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
William & Mary Law Review
No abstract provided.
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
William & Mary Law Review
No abstract provided.
Trademarks And The Concept Of Greater Care - Glenwood Laboratories, Inc. V. American Home Products Corp.
William & Mary Law Review
No abstract provided.