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Full-Text Articles in Law
The Place Of The User In Copyright Law, Julie E. Cohen
The Place Of The User In Copyright Law, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Copyright doctrine . . . is characterized by the absence of the user. As copyright moves into the digital age, this absence has begun to matter profoundly. As I will show, the absence of the user has consequences that reach far beyond debates about the legality of private copying, or about the proper scope of user-oriented exemptions such as the fair use and first sale doctrines. The user's absence produces a domino effect that ripples through the structure of copyright law, shaping both its unquestioned rules and its thorniest dilemmas. The resulting imbalance - empty space where one cornerstone of …
Artists Don't Get No Respect: Panel On Attribution And Integrity, Rebecca Tushnet, Jonathan Band, Robert Clarida, Eugene Mopsik
Artists Don't Get No Respect: Panel On Attribution And Integrity, Rebecca Tushnet, Jonathan Band, Robert Clarida, Eugene Mopsik
Georgetown Law Faculty Publications and Other Works
When I was considering the question of the moral right to attribution and how unauthorized fan creativity relates to that concept, it struck me that there are two interesting issues from a theoretical perspective. The first is: who gets the credit? When I was in law school and discovered fan fiction, the reason why I got into intellectual property was because most of these stories had a disclaimer-no copyright infringement intended, these characters aren't mine, I'm not making any money, please don't sue. And as a student, my question was – does that work? Is that good enough? I was …
Claim Re-Construction: The Doctrine Of Equivalents In The Post-Markman Era, John R. Thomas
Claim Re-Construction: The Doctrine Of Equivalents In The Post-Markman Era, John R. Thomas
Georgetown Law Faculty Publications and Other Works
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of patent claims in equivalents cases, and it has come to emphasize precision and accuracy in claim drafting. This Article argues that recent judicial emphasis on the public notice function of patent claims is an inappropriate innovation policy. The demand for highly refined patent claims increases patent acquisition expenditures that are unlikely to increase social welfare, cause patent rights to be distributed unevenly, and are inconsistent with the structural features of the patent system. This Article presents two mechanisms to accommodate the doctrine of equivalents …