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Full-Text Articles in Law
The Past And Future Of Copyright Politics, Jessica Silbey
The Past And Future Of Copyright Politics, Jessica Silbey
Faculty Scholarship
No abstract provided.
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
Copyright’S Mercantilist Turn, Glynn S. Lunney Jr
Copyright’S Mercantilist Turn, Glynn S. Lunney Jr
Faculty Scholarship
Over the last twenty years, arguments for broader copyright have taken an increasingly mercantilist turn. Unable to establish that broader copyright will lead to more or better original works, as the Constitution and the traditional economic framework require, proponents have begun arguing for broader copyright on the basis of revenue and jobs. Rampant unauthorized copying is theft or piracy, proponents insist, depriving copyright owners of revenue and destroying jobs. Whether or not it leads to more or better works, broader copyright will increase revenue to copyright owners and thus increase employment in the copyright industries. This increased employment, on its …
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Faculty Scholarship
Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Faculty Scholarship
3D printing is a technology of such surprise and wonder that it verges on the magical. But what if 3D printers actually were magic? How would copyright law treat the wizards who used them? This Comment uses the magical analogy to make familiar doctrines strange, and a strange technology familiar.
This Comment was prepared as an invited comment on Kyle Dolinsky's "CAD’s Cradle: Untangling Copyrightability, Derivative Works, and Fair Use in 3D Printing" for the 2013 Washington and Lee Student Notes Colloquium.
Afterword: Conferring About The Conference, Jessica Silbey, Aaron Perzanowski, Marketa Trimble
Afterword: Conferring About The Conference, Jessica Silbey, Aaron Perzanowski, Marketa Trimble
Faculty Scholarship
We heard at the conference five rich papers, all addressing in one way or another the conference's theme: "ReCalibrating Copyright: Continuity, Contemporary Culture, and Change." Professor Craig Joyce, in his capacity as conference convener, asked us as Fellows, at the end of the day of presentations and discussions, how we thought the Presenters' papers spoke to each other and to the conference's focus.
The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack
The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack
Faculty Scholarship
This chapter explores the treatment of film as a cultural object among varied legal subject matter in US Supreme Court jurisprudence. Film is significant as an object or industry well beyond its incarnation as popular media. Its role in law – even the highest level of US appellate law – is similarly varied and goes well beyond the subject of a copyright case (as a moving picture) or as an evidentiary proffer (as a video of a criminal confession). This chapter traces the discussion of film in US Supreme Court cases in order to map the wide-ranging and diverse relations …
Last Sale? Libraries’ Rights In The Digital Age, Jennifer Jenkins
Last Sale? Libraries’ Rights In The Digital Age, Jennifer Jenkins
Faculty Scholarship
No abstract provided.
Experimental Tests Of Intellectual Property Laws' Creativity Thresholds, Christopher Buccafusco, Zachary C. Burns, Jeanne C. Fromer, Christopher Jon Sprigman
Experimental Tests Of Intellectual Property Laws' Creativity Thresholds, Christopher Buccafusco, Zachary C. Burns, Jeanne C. Fromer, Christopher Jon Sprigman
Faculty Scholarship
No abstract provided.
Intellectual Property Experimentalism By Way Of Competition Law, Tim Wu
Intellectual Property Experimentalism By Way Of Competition Law, Tim Wu
Faculty Scholarship
Competition law and Intellectual Property have divergent intellectual cultures – the former more pragmatic and experimentalist; the latter influenced by natural law and vested rights. The US Supreme Court decision in Federal Trade Commission v. Actavis is an intellectual victory for the former approach, one that suggests that antitrust law can and should be used to introduce greater scrutiny of the specific consequences of intellectual property grants.
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
Faculty Scholarship
Avoision describes conduct which seeks to exploit 'the differences between a law's goals and its self-defined limits' – a phenomenon particularly apparent in tax law. This short paper explains how the technology company Aereo utilised avoision strategies in an attempt to design its way out of liability under US copyright law. The authors argue that existing formulations encourage such strategies by applying differently depending on how the transaction is structured, resulting in a wasteful devotion of resources to hyper-technical compliance with the letter rather than meaning and purpose of the law.?
The Fair Use Doctrine: Markets, Market Failure And Rights Of Use, Wendy J. Gordon
The Fair Use Doctrine: Markets, Market Failure And Rights Of Use, Wendy J. Gordon
Faculty Scholarship
Markets are most acceptable when they serve efficiency and other goals. It is only under transaction-costless conditions of perfect knowledge, flawless and cost-free enforcement, full monetization, and instantaneous ability to organize and negotiate, that markets are guaranteed to generate efficient outcomes. And even then, markets could fall short as social tools, because goals other than allocative efficiency may fail to be met.