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- Intellectual property (12)
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- Property (5)
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- Copyright (3)
- Desert (3)
- Labor theory (3)
- Privacy (3)
- Appropriation (2)
- Columbia-VLA Journal of Law and the Arts (2)
- Duty (2)
- Harm (2)
- Individual rights (2)
- Intellectual property law (2)
- Intellectual property rights (2)
- Law and economics (2)
- Privilege (2)
- Restitution (2)
- Right to exclude (2)
- Tort (2)
- Trade secrets (2)
- Trademark (2)
- Trademarks (2)
- Value (2)
- Abandonment (1)
- Ackerman (1)
- Administrative (1)
- Adverse possession (1)
- Authors' rights (1)
Articles 1 - 30 of 36
Full-Text Articles in Law
Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Scholarship Chronologically
Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.
Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon
Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon
Scholarship Chronologically
Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution, Lockean theory will hardly be the last world in intellectual property unification theory. But I will have at lest set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.
Outline Of Green Bound - 1985, Wendy J. Gordon
Outline Of Green Bound - 1985, Wendy J. Gordon
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No abstract provided.
Draft Of Desert Theory - 1985, Wendy J. Gordon
Draft Of Desert Theory - 1985, Wendy J. Gordon
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The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Scholarship Chronologically
In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Scholarship Chronologically
If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
Scholarship Chronologically
First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.
An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon
An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon
Scholarship Chronologically
These are notes re thoughts sparked by reading Dukeminier & Krier, PROPERTY (little Brown 1981) and their TEACHERS MANUAL FOR PROPERTY (Little Brown 1981). What I may be doing is beginning a unified i/p. One part of that doctrine may be parallel ordinary Property, like so: HYPOTHESIS - The role played in ordinary property law by "possession" [,1] may be played in i/p law by "use. This can be very important.
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.
Note On Trademarks - 1985, Wendy J. Gordon
Note On Trademarks - 1985, Wendy J. Gordon
Scholarship Chronologically
There's currently a debate about whether tmks owners shd be entitled to control strangers' usage of their tmks where the offending usage causes no confusion as to source. Usually the debate is conducted on usual lines on the eco side, whether the increase in incentives (for both production and devt) justifies the decrease in quantity & competitive sources. On the authors' rights side, whether the originators shd have any particular rights in tmks cuz of origination.
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Law Faculty Scholarship
Taking up trademarks, patents, copyrights, and trade secrets (in that order), [this article] will attempt to summarize briefly the ways in which such rights arise, are perfected, and are enforced. It will also discuss a hypothetical in which all of these options will be discussed in a comparative way. Finally, it will suggest that basic improvements in the area could be realized by dispensing with the often confusing and arbitrary subject matter distinctions which characterize the various subparts of the present intellectual property system.
Notes On Conversations With Jim White - 1985, Wendy J. Gordon
Notes On Conversations With Jim White - 1985, Wendy J. Gordon
Scholarship Chronologically
Jim White suggested looking at the institutional issues separately from the issue of ideal outcomes.
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Scholarship Chronologically
One common justification of intellectual property rights seems to rest with an appreciation of the creator's labors. Since he has exerted effort, and created something of value, he seems to deserve something for his pains. A claim of ownership over the thing created is sometimes considered a fitting reward.
Conversation With Whit Gray - 1985, Wendy J. Gordon
Conversation With Whit Gray - 1985, Wendy J. Gordon
Scholarship Chronologically
Whit Gray argued that even for things most of us would feel comfy saying AREN'T property, like the "idea" of shopping malls, we wouldn't feel so comfy with copying if the blueprints for the idea were copied prior to the time they became public. He argues also, that something more than "privacy" is at issue in our anger at visualizing such an intrusive prepublication copying.
Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon
Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon
Scholarship Chronologically
When a legal rule is set forth, it usually describes real-world events and says, there’s a consequence, such as a right of action (or a criminal act, or a right to compensation) which follows if these real-world events are present. As all lawyers know, of course, such statements of rules don’t mean exactly what they say. Real-world events that aren’t described in the rule may come to be treated as if they are within the rule, because the courts feel that the not-mentioned items satisfy all the same purposes as the listed items do, when the overall purposes of the …
Notes On Nomenclature - 1985, Wendy J. Gordon
Notes On Nomenclature - 1985, Wendy J. Gordon
Scholarship Chronologically
The ordinary linkage between "property" and "thing" can be seen in the most common name given to the set of intellectual products. They are called "intellectual property."
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.
Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance
Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance
Scholarly Works
The eighteenth year of the Freedom of Information Act (FOIA) witnessed a continuation of the trend toward restricting public access to government information. This article discusses the developments under the FOIA in 1984, including legislative developments, administrative developments, and judicial developments.
Common Law Analogies - 1985, Wendy J. Gordon
Common Law Analogies - 1985, Wendy J. Gordon
Scholarship Chronologically
By the usual principles of claim-staking, casually viewed, the person who describes a new form of i/p seems to possess it. This may be one explanation for the property lure.
Notes On Restitution - 1985, Wendy J. Gordon
Notes On Restitution - 1985, Wendy J. Gordon
Scholarship Chronologically
The principle which allows payment for nondamaging uses of property is, I submit, this one: protecting the system of property from eroding. Looking at the leading case in the area, we see precisely that: the user of the property is required to pay for his use, lest he be placed in a better position than a non-trespasser. Any other rule might encourage erosion of property systems.
Notes On New Organization - 1985, Wendy J. Gordon
Notes On New Organization - 1985, Wendy J. Gordon
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No abstract provided.
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
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Not only is there a problem with demarking the resource (e.g., the problem of larger and larger generality that Hand tries to deal with) but there's also a problem with demarking the TYPE OF USE. In DOW JONES, for example, the defendant was merely making reference to (not copying)the average; ditto the NFL case.
Notes On Forms Of Discourse - 1985, Wendy J. Gordon
Notes On Forms Of Discourse - 1985, Wendy J. Gordon
Scholarship Chronologically
Is there anything which can explain the seeming schizophrenia between the courts favoring creators and users? Part of the explanation may lie in “forms of disclosure”: the cognate areas to which attention is directed. Once in the copyright area, you’re in an area where “policy rather than property” governs, and where limitations on rights are as crucial as the rights themselves.
Outline Of Desert Theory - 1985, Wendy J. Gordon
Outline Of Desert Theory - 1985, Wendy J. Gordon
Scholarship Chronologically
Locke suggests that a covetous stranger has no justification to complain of another’s taking possession and ownership of land if, after the owner’s appropriation, “there was as good left, as that already possessed, and more than he [the potential complainer] knew what to do with, or his industry could reach to.”
Outline Of New Organization - 1985, Wendy J. Gordon
Outline Of New Organization - 1985, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Notes On Value And Property - 1985, Wendy J. Gordon
Notes On Value And Property - 1985, Wendy J. Gordon
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My contention is that “value” should not be the basis for legal protection unless (a) there’s social as well as private value invoked and (b) the legal protection is necessary for the generation of, or protection of, the social value.