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Full-Text Articles in Law

The New Separability, Lili Levi Jan 2018

The New Separability, Lili Levi

Articles

In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining ...


A View Of Copyright From The Digital Ground, Andres Sawicki Jan 2018

A View Of Copyright From The Digital Ground, Andres Sawicki

Articles

No abstract provided.


The Central Claiming Renaissance, Andres Sawicki Jan 2018

The Central Claiming Renaissance, Andres Sawicki

Articles

The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the ...


The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki Jan 2017

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

Articles

In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal ...


Risky Ip, Andres Sawicki Jan 2016

Risky Ip, Andres Sawicki

Articles

No abstract provided.


Buying Teams, Andres Sawicki Jan 2015

Buying Teams, Andres Sawicki

Articles

No abstract provided.


Copyright In Teams, Anthony J. Casey, Andres Sawicki Jan 2013

Copyright In Teams, Anthony J. Casey, Andres Sawicki

Articles

Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?

The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational theory for ...


Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman Jan 2013

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

Articles

Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive ...


Copyright Freeconomics, John M. Newman Jan 2013

Copyright Freeconomics, John M. Newman

Articles

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in ...


Better Mistakes In Patent Law, Andres Sawicki Jan 2012

Better Mistakes In Patent Law, Andres Sawicki

Articles

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones.

Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others.

This Article compares the costs of making mistakes of different types, at ...


Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman Jan 2011

Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman

Articles

In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.

Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point ...


Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman Jan 2011

Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman

Articles

No abstract provided.


Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin Jan 2006

Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin

Articles

No abstract provided.


When We Say UsTm, We Mean It!, A. Michael Froomkin Jan 2004

When We Say UsTm, We Mean It!, A. Michael Froomkin

Articles

No abstract provided.


Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin Jan 2002

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.


The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.