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Full-Text Articles in Law
Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz
Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz
Notre Dame Law Review
This Article builds on our earlier work on exhaustion. We have previously emphasized the common law origins of copyright exhaustion, arguing for a judicial interpretation that is more expansive than the narrow statutory first sale rule. Subsequently, we have advocated increased reliance on exhaustion to resolve a range of disputes over personal use by consumers that are typically analyzed through the lenses of fair use and implied license. And, most recently, we have outlined two competing legislative frameworks for a contemporary exhaustion regime as a part of the broader copyright reform effort. This Article examines both the forces undermining copy …
The Factual Reality Of Koontz V. St. Johns, Eric Dean Hageman
The Factual Reality Of Koontz V. St. Johns, Eric Dean Hageman
Notre Dame Law Review Reflection
The Court’s opinion in Koontz has elicited many negative reactions in academia, most of which focus on the expansion of Nollan and Dolan to monetary exactions. Criticisms run the gamut: some scholars argue that the Court was wrong to ignore the environmental impact of land developments, while others suggest the Court gave the same consideration too much credence. These criticisms are likely premature and necessarily speculative, since the Court decided the case less than two years ago.
Scholars have scrutinized this case’s factual and procedural history less closely, and those elements may justify the Court’s holding. Two often-overlooked facts are …