Law Commons^™

Google Booksearch And Library Digitization, Laura Quilter, Jack Lerner

Laura Quilter

No abstract provided.

Scale-Free Law: Network Science And Copyright, Andres Guadamuz

Andres Guadamuz

Networks are everywhere. The staggering complexity and seemingly chaotic nature of everyday life is actually a collection of different networks interacting with us from the moment that we wake up to the time we go to sleep. We are constantly surrounded by the social network, the financial network, the transport network, the telecommunications network, and even the network within our own bodies. The understanding of how these systems operate and interact with one another has been the realm of physicists, economists, biologists and mathematicians. Until recently, the study of networks lacked empirical application because it was extremely difficult to gather …

The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8. The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and …

Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier

Severine Dusollier

No abstract provided.

An Intentional View Of The Copyright Work, Justine Pila

Justine Pila

The questions at the heart of copyright – what is a work, and the extent of copyright protection – are considered. Arguments are presented firstly for an understanding of works oriented around expressive intent, and secondly for a statutory test of infringement that pays closer attention to issues of policy and the authorial acts that copyright rewards. The article revisits two central cases of modern English copyright law, Walter v Lane and Interlego v Tyco Industries, and suggests that their reasoning is problematic; Walter v Lane because the transcripts of Lord Rosebery's speeches were not books for copyright purposes, and …

Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila

Justine Pila

In this article I review the UK and Australian law of compilation copyright in the light particularly of the Australian Full Federal Court's decisions in Desktop Marketing Systems (2002) and IceTV (2008). I criticize the Court's approach in those cases to the issues of both subsistence and infringement, while also offering a measured defense of the first instance decision in IceTV. In particular, I suggest that decision is largely right, and reflects an important attempt by a Judge to reorient copyright around its works, and resist the past temptation of courts - including the Full Federal Court itself - to …

Enough Is Enough: Time To Eliminate Design Patents And Rely On More Appropriate Copyright And Trademark Protection For Product Designs, Daniel Harris Brean

Daniel Harris Brean