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- Daniel J Gervais (3)
- Chuan D Ai (2)
- David R Hansen (2)
- Aaron M Kelly (1)
- Amanda Reid (1)
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- Andrew Beckerman Rodau (1)
- Andrew Chin (1)
- Andrew Ward (1)
- Catherine Fisk (1)
- David M. Longo (1)
- Daxton "Chip" Stewart (1)
- Dennis S Karjala (1)
- Henry H. Perritt, Jr. (1)
- Joseph P. Liu (1)
- Kathleen M. O'Neill (1)
- Kojo Yelpaala (1)
- Lawrence M. Sung (1)
- Marco Soliman (1)
- Mark Jansen (1)
- Michael W. Carroll (1)
- Olufunmilayo B. Arewa (1)
- Peter Lee (1)
- Robert Ellis (1)
- Robin C Feldman (1)
- Roger M. Groves (1)
- Samson Vermont (1)
- Stephen Joseph Powell (1)
- Warren Bartholomew CHIK (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
David R Hansen
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Michael W. Carroll
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Joseph P. Liu
Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …
The Landscape Of Collective Management Schemes, Daniel J. Gervais
The Landscape Of Collective Management Schemes, Daniel J. Gervais
Daniel J Gervais
This paper, based on a keynote talk at Columbia Law School, reviews the nature of collective management organizations (CMOs), their regulation, in particular the difference in the US regulatory regimes for performing rights organizations (PROs), digital transmissions of sound recordings and reprography. The paper reviews the incoherent rate-setting processes under consent decrees and sections 112 and 114 of the US Copyright Act. The paper also considers the role that CMOs can and should play in empowering new business models and modes of access to online material.
Everything You Should Know About A Copyright Lawyer, Aaron M. Kelly Arron M Kelly
Everything You Should Know About A Copyright Lawyer, Aaron M. Kelly Arron M Kelly
Aaron M Kelly
No abstract provided.
Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo
Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo
David M. Longo
No abstract provided.
The Power Of Music: Applying First Amendment Scrutiny To Copyright Regulation Of Internet Radio, Amanda Reid
The Power Of Music: Applying First Amendment Scrutiny To Copyright Regulation Of Internet Radio, Amanda Reid
Amanda Reid
The Sine Qua Non Of Copyright Is Uniqueness, Not Originality, Samson Vermont
The Sine Qua Non Of Copyright Is Uniqueness, Not Originality, Samson Vermont
Samson Vermont
The Supreme Court tells us originality is the sine qua non of copyright. I argue uniqueness is. Copyright only protects unique work – work no one created before (novel) and no one could independently create after (unrepeatable).
The Court also tells us originality has two components: independent creation by the author and creativity. But they are mere heuristics for uniqueness. Independent creation is over-inclusive; creativity is both over- and under-inclusive. They do not offset each other, so gaps remain. Courts plug most of the gaps with limiting doctrines and the substantial similarity standard. To put it imprecisely: (independent creation) + …
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
Kathleen M. O'Neill
This paper analyzes J. D. Salinger’s recent suit against Fredrik Colting for infringing Salinger’s copyright in THE CATCHER IN THE RYE and its character Holden Caulfield. The case has been widely noticed because the Second Circuit extended to copyright cases a heightened standard for injunctive relief that requires evidence of irreparable harm. Meanwhile, however, the court’s certainty that Salinger should prevail on the merits has escaped much critique. To begin, I argue that the district court misread Colting’s novel by mistaking his metafiction for a conventional sequel. I suggest two practical litigation strategies to avoid this outcome. Next, I fault …
The Giants Among Us, Robin Feldman, Thomas Ewing
The Giants Among Us, Robin Feldman, Thomas Ewing
Robin C Feldman
The patent world is undergoing a change of seismic proportions. A small number of entities have quietly amassed vast treasuries of patents. These are not the typical patent trolls that we have come to expect. Rather, these entities have participants such Apple, Google, Microsoft, Sony, the World Bank, and non-profit institutions. The largest and most secretive of these has accumulated a staggering 30,000-60,000 patents.
Investing thousands of hours of research and using publicly available sources, we pieced together a detailed picture of these giants and their activities. We consider the potential positive effects, including facilitating rewards for forgotten inventors, creating …
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law
Warren Bartholomew CHIK
This article examines the User-Generated Content (UGC) phenomena and the significance of re-inventions in the context of an increasingly user-centric Internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the Internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from …
Inducing Infringement: Specific Intent And Damages Calculation, Andrew Ward
Inducing Infringement: Specific Intent And Damages Calculation, Andrew Ward
Andrew Ward
This Comment examines recent developments in the area of inducement of patent infringement. Specifically, the Comment addresses the specific intent required for inducement liability to attach and questions relevant to inducement damages calculations. With respect to intent, there has never been, nor is there now unfortunately, clear resolution regarding the intent required to induce patent infringement. Should intent to induce acts that happen to cause patent infringement be enough or must the inducer actually intend to induce patent infringements? The Supreme Court recently determined that the latter intent was most appropriate, but also explained that such intent may be shown …
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
David R Hansen
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Patent Assignments By Employees Demand Better Protections, Chuan Ai
Patent Assignments By Employees Demand Better Protections, Chuan Ai
Chuan D Ai
Two problems make it nearly impossible for a buyer of patent rights – either as an assignee or a licensee – to know if the title is clean. First, there is no single central registry where all economic rights to patents are stored and searched. Patent assignments and licenses may be recorded at the U.S. Patent and Trademark Office, merely as an option. More significantly, for the vast majority of inventors in the U.S. who are employed and obligated to assign their future patents invented on the job, there is no way to record such pre-invention assignments. To remedy this …
The Rise Of 360 Deals In The Music Industry, Daniel J. Gervais
The Rise Of 360 Deals In The Music Industry, Daniel J. Gervais
Daniel J Gervais
360 deals can give record companies access to revenue from movie contracts, merchandise sales, and other sources “all around” the artist. They reflect a transition from an industry model focused on delivery of goods (compact discs or even iTunes tracks) to one in which music is increasingly a service generating revenues from multiple activities bundled with phone, Internet, or cable access. The authors explore the history, contents, benefits, and future of 360 deals.
Quo Vadis Wto? The Threat Of Trips And The Biodiversity Convention To Human Health And Food Security, Kojo Yelpaala
Quo Vadis Wto? The Threat Of Trips And The Biodiversity Convention To Human Health And Food Security, Kojo Yelpaala
Kojo Yelpaala
Abstract Just a few years following the coming into force of the World Trade Organization (WTO) and the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreements, the risks they posed to human health and food security became self-evident. This problem has been acknowledged by the WTO in the Doha Declaration, by other United Nations Organs and commentators. Joined at the hip the WTO and TRIPS system, as implemented, seems to have aggravated the severe and debilitating disease burden and food insecurity of many of its member developing countries that existed prior to TRIPS. Although the WTO and its Council …
Patent Assignments By Employees Demand Better Protections, C. David Ai
Patent Assignments By Employees Demand Better Protections, C. David Ai
Chuan D Ai
In the decision of Stanford v. Roche, the Court of Appeals for the Federal Circuit focused on the assignment clause in two contracts signed by the same inventor, and compared the language of “I will assign and do hereby assign” (in Cetus/Roche’s contract) against “I agree to assign” (in Stanford’s contract). The Federal Circuit failed to examine the completely different contexts of the two contracts -- Roche’s Visitor’s Confidentiality Agreement versus Stanford’s Employment Invention Assignment Agreement -- thus suggesting that an assignment clause in any contract carries the same weight. Increasingly, IP assignment language appears in a variety of contracts, …
Why Intellectual Property Rights In Traditional Knowledge Cannot Contribute To Sustainable Development, Dennis S. Karjala
Why Intellectual Property Rights In Traditional Knowledge Cannot Contribute To Sustainable Development, Dennis S. Karjala
Dennis S Karjala
This paper makes a simple point: If sustainability (however defined) is the goal, intellectual property rights in traditional knowledge do not move us toward the achievement of that goal. The reason is that the only social policy justification for recognizing intellectual property rights at all is that they supposedly serve as an incentive to create socially desirable works of authorship and inventions. They are not and should not serve as a reward for past achievements. In other words, outside of their usual incentive function of promoting new technology, intellectual property rights in traditional knowledge have no role to play in …
The Role Of Private Intellectual Property Rights In Markets For Labor And Ideas: Screen Credit And The Writers Guild, 1938-2000, Catherine L. Fisk
The Role Of Private Intellectual Property Rights In Markets For Labor And Ideas: Screen Credit And The Writers Guild, 1938-2000, Catherine L. Fisk
Catherine Fisk
This history of screen credit and the Writers Guild of America focuses on the union’s administration of private intellectual property rights to facilitate the labor market for writers and the market for ideas, scripts, and treatments for film and TV. Screen credit is one of the very few forms of intellectual property in the modern economy that is designed by workers for workers and without the involvement of the corporations that control most intellectual property policy. Based on research in the archives of the Writers Guild not available to the public, this article argues that the Guild survived conditions that …
The Accession Insight And Patent Infringement Remedies, Peter Lee
The Accession Insight And Patent Infringement Remedies, Peter Lee
Peter Lee
How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this merely highlights the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset.
This Article draws on accession—a physical property doctrine with roots in Roman civil …
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Andrew Chin
In this Article, I argue that the most problematic kind of gene patents — those claiming short DNA molecules used to probe for longer gene sequences — should be held invalid as directed to unpatentable printed matter. This argument, which emerges from recent developments in biotechnology and information technology, is grounded in the printed matter doctrine’s structural role of obviating patentability inquiries directed to inapposite information-management considerations. Where the inventive contribution in a claimed gene probe subsists solely in stored sequence information, these inapposite considerations lead the novelty and nonobviousness analyses to anomalous results that the printed matter doctrine was …
Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman
Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman
Daniel J Gervais
This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately, almost all personal and commercial content will be stored or backed up in the computing Cloud. This is likely to change the way in which copyright is enforced and users' privacy is protected.
Intellectual Property And Access To Essential Medicines Under Egyptian Law, Marco Soliman
Intellectual Property And Access To Essential Medicines Under Egyptian Law, Marco Soliman
Marco Soliman
No abstract provided.
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis
Robert Ellis
The human rights implications of intellectual property rights have received growing attention over recent years. Regardless of the approach taken, it is clear that both human rights doctrines and intellectual property rights intersect and often conflict. The goal sought after by human rights advocates is to find reconciliation when competing interests collide, while keeping in mind the principle of human rights primacy. Intellectual property rights advocates, on the other hand, prescribe to utilitarianism and economic theories to weigh the benefits and protections attributable to authors and intellectual property creators. Recent international developments have resulted in the drafting and completion of …
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez
Stephen Joseph Powell
Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …
Applying Copyright Theory To Secondary Markets: An Analysis Of The Future Of 17 Usc § 109(A) Pursuant To Costco Wholesale Corp. V. Omega S.A., Mark Jansen
Mark Jansen
The U.S. Copyright Act grants copyright owners the exclusive right to distribute their copyrighted works. The first sale doctrine, codified in § 109(a) of the Copyright Act, curtails these distribution rights by exhausting the owner’s exclusive right after the copyrighted item is placed in the stream of commerce. However, it is not clear whether the language used in the Act, “copies made under this title,” is inclusive of copies manufactured aboard or limited to copies manufactured in the United States. Section 109(a) recently came up for interpretation by the Supreme Court in Costco Wholesale Corp. v. Omega S.A.; yet, the …
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The goals and beneficiaries of copyright frameworks have long been contested in varied contexts. Copyright is often treated as a policy tool that gives creators incentives to create new works. Incentive theories of copyright often emphasize appropriability, which enables copyright owners to ensure that they profit from their copyrighted works by exercising control over uses of, and access to, such works. Although copyright clearly imposes costs in the form of restrictions on access to copyright-protected works and inefficiencies in the form of deadweight loss, the benefits of copyright are thought by many to outweigh the costs. Copyright discussions may at …
The Implications Of A Jeopardy! Computer Named Watson: Beating Corporate Boards Of Directors At Fiduciary Duties?, Roger M. Groves
The Implications Of A Jeopardy! Computer Named Watson: Beating Corporate Boards Of Directors At Fiduciary Duties?, Roger M. Groves
Roger M. Groves
Millions of documents, including five million messages, termed electronically stored information (“ESI”) from the Enron litigation have provided an opportunity for software developers to create software that analyzes ESI for behaviors of computer users in more provocative and innovative ways than previously encountered. The law is struggling to clarify e-discovery rules, but the ambiguities provide an opportunity for counsel to manipulate or take advantage of forensic investigations. In this article, the author examines the potential exploitation of e-discovery forensic tools by shareholders of a corporation that suspect a breach of fiduciary duties by members of the board of directors.
Social Media Policies For Professional Communicators, Daxton R. Stewart
Social Media Policies For Professional Communicators, Daxton R. Stewart
Daxton "Chip" Stewart
As social media tools such as Facebook, Twitter and YouTube have become increasingly prevalent ways for people to share and connect, professional communicators have increasingly incorporated these tools into their daily practice. However, journalism, advertising and public relations practitioners have little formal guidance to help them navigate the benefits and risks of using these tools professionally. The codes of ethics of their professional fields have not been updated, and to date, social media policies have not been examined from an academic perspective. This study reviews 26 social media policies of journalism and strategic communication companies to find common themes and …