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Full-Text Articles in Law
On Copyright Utilitarianism, Patrick R. Goold, David A. Simon
On Copyright Utilitarianism, Patrick R. Goold, David A. Simon
Indiana Law Journal
Utilitarians typically argue that the state should grant copyright to authors only when doing so promotes utility. In recent years, however, this argument has faced three criticisms. As a normative matter, critics argue that a utilitarian copyright system is neither just nor attractive. As an epistemological matter, critics argue that society cannot ever know whether copyright promotes utility. And as an interpretive matter, critics argue that utilitarianism fails to appreciate what copyright is really all about: progress of the sciences and useful arts. And so, an increasing number of scholars conclude that copyright should be awarded, not when doing so …
Jury-Related Errors In Copyright, Zahr K. Said
Jury-Related Errors In Copyright, Zahr K. Said
Indiana Law Journal
Copyright law is surprisingly hard. Copyright does not do what laypeople think it does, nor do its terms mean what laypeople expect. Copyright also possesses systemic indeterminacy about what it protects and the extent of that protection. For laypeople, copyright law is decidedly “user-unfriendly.” Nonetheless, copyright law reserves for lay jurors its most-litigated, most difficult, and most consequential question at trial: whether works are “substantially similar” and thus infringing. Many have criticized this allocation because in the context of copyright law, juries effectively have the power to expand or contract owners’ rights with little oversight or correction. But blaming the …
Rethinking Copyright Harmonization, Clark Asay
Rethinking Copyright Harmonization, Clark Asay
Indiana Law Journal
For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
Indiana Law Journal
Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.
One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …
The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson
The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson
Indiana Law Journal
No abstract provided.
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
Indiana Law Journal
No abstract provided.
Entertainment Title Duplication Cases: A Process Of Evolution
Entertainment Title Duplication Cases: A Process Of Evolution
Indiana Law Journal
No abstract provided.
Rights Of Federal Government Personnel Under The Copyright Act
Rights Of Federal Government Personnel Under The Copyright Act
Indiana Law Journal
No abstract provided.
Copyright: Assignment Of Author's Renewal Interest
Copyright: Assignment Of Author's Renewal Interest
Indiana Law Journal
Notes and Comments: Copyright