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Articles 1 - 30 of 56
Full-Text Articles in Law
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
Stephen M. Maurer
Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Author Autonomy And Atomism In Copyright Law, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling
Molly Van Houweling
No abstract provided.
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Mark P. Gergen
The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Jeffrey L Harrison
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
David Vaver
The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada shares his thoughts regarding the five important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.
Copyright Law, David Vaver
Copyright Law, David Vaver
David Vaver
The explosive growth in communication technologies has put enormous strains on the law, no more so than on the law of copyright. In this book, David Vaver examines how the modern law of copyright and moral rights is coping with the new technologies. He provides a detailed, authoritative analysis of the most recent changes to the Copyright Act and their impact on copyright holders and users, including educational institutions, libraries, and archives. Copyright Law, like its companion volume Intellectual Property Law by the same author, is written in a lively non-technical style. It examines in greater depth than the earlier …
Copyright Inside The Law Library, David Vaver
Copyright Exceptions As Users’ Rights? An Empirical Critique, Emily Hudson, Giuseppina D'Agostino
Copyright Exceptions As Users’ Rights? An Empirical Critique, Emily Hudson, Giuseppina D'Agostino
Giuseppina D'Agostino
Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford Intellectual Property Research Centre at the University of Oxford, questions the prevailing legal and academic perceptions of the CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13) judgment.
Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino
Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino
Giuseppina D'Agostino
No abstract provided.
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Joshua Jeng
The line between ideas and expressions in copyright law has never been particularly clear. We want to protect what authors create so that they are motivated to create more, but we want broad concepts to remain free so that others may produce even more works. The distinction concept and an author's take on a concept has always been very difficult to define, even among legal scholars, and has largely remained misunderstood by the average author. However, as derivative works increase in prevalence and economic importance, the need for workable framework for understanding copyright that the lay author can understand is …
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Peter Menell
No abstract provided.
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Peter Menell
No abstract provided.
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Peter Menell
From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and the enterprises that distribute their works. And for almost as long as copyright has existed, there has been concern about creators getting the short end of the stick in their dealings with distributors. Since 1909, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, decades later, to recapture those same rights. After judicial interpretation of the 1909 Act frustrated this intent by upholding advance assignments of …
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Peter Menell
The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that `virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system ... .' Professor Epstein purports to validate what he calls the `carryover …
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
Margaret Ann Wilkinson
The concept of the "public domain" is a powerful rhetorical element in he policy debates involving intellectual property. But is it a stable and useful concept for analyzing information issues? Can the notion of the public domain and the concept of the information commons be separated? Is the notion of the public domain merely another way of expressing the public interest? This paper canvassed the literature, seeking a theoretically consistent definition for public domain that was equally applicable across the copyright, trademark and patent spheres. The analysis demonstrated that there is no such construct. The paper also reviews the findings …
Mark Mckenna Was Quoted In The Buzzfeed Article 9 Cheeky Weedbased Logos That Will Get Copyright Lawyers High On April 20, 2015, Mark Mckenna
Mark P. McKenna
Mark McKenna was quoted in the BuzzFeed article 9 Cheeky WeedBased Logos That Will Get Copyright Lawyers High on April 20. Mark McKenna, an associate dean and law professor at the University of Notre Dame, said that companies making T-shirts with characters like Mickey Mouse or Fred Flintstone smoking weed might be able to defend themselves under trademark law’s parody exception, but that anyone using those logos to advertise their stores or sell actual products could be in trouble. “[Cannabis businesses] are going to have to play by the same rules that everyone else does in commercial regulations. Trademark owners …
Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer
Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer
Francina Cantatore
This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Locke Remixed ;-), Robert P. Merges
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
Robert P Merges
No abstract provided.
The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges
The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges
Robert P Merges
No abstract provided.
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
Pamela Samuelson
Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Why Copyright Law Excludes Systems And Processes From The Scope Of Its Protection, Pamela Samuelson
Pamela Samuelson
No abstract provided.
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
The Uneasy Case For Software Copyrights Revisited, Pamela Samuelson
Pamela Samuelson
The author examines the case for copyrighting computer programs in relation to the 1970 article “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,” by U.S. Supreme Court Justice Stephen Breyer. The number of programs registered with the Copyright office has reportedly bolstered Breyer's skepticism about such copyright. The risks posed by copyrighting programs were of concern to Breyer. Also assessed is the development of the software industry.
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Pamela Samuelson
No abstract provided.
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
The Copyright Principles Project: Directions For Reform, Pamela Samuelson
Pamela Samuelson
Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]