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Articles 1 - 8 of 8
Full-Text Articles in Law
Territorialization Of The Internet Domain Name System, Marketa Trimble
Territorialization Of The Internet Domain Name System, Marketa Trimble
Scholarly Works
A territorialization of the internet – the linking of the internet to physical geography – is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who – for various reasons – either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from …
Intellectual Property Channeling For Digital Works, Lucas S. Osborn
Intellectual Property Channeling For Digital Works, Lucas S. Osborn
Scholarly Works
Market economies are based on free competition, which can include copying. Yet intellectual property protection in the United States prohibits copying in certain circumstances to incentivize innovation and creativity. New breeds of digital works are challenging our historical application of intellectual property law. These include certain categories of software programs as well as digital manufacturing files. These new works look deceptively like works from a previous era and thus, courts might languorously treat them as they have older works. This would be a mistake. This Article analyzes these works in terms of existing intellectual property doctrine and constructs a normative …
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
Scholarly Works
In March 2017 the United States Supreme Court held in Star Athletica L.L.C. v. Varsity Brands Inc. that an artistic feature incorporated into the design of a useful article could be protected by copyright when that feature could be perceived as a two- or three-dimensional work of art separate from the useful article, and imagined separately as a protectable pictorial, graphic, or sculptural work. This two-part test replaces a variety of tests which courts and commentators proposed and applied during the last 40 years. The Star Athletica decision is predicted to be a boon to the fashion and apparel industry, …
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
A Transformative Use Taxonomy: Making Sense Of The Transformative Use Standard, David E. Shipley
Scholarly Works
The transformative use standard, which is an important aspect of copyright law’s fair use doctrine, has been confusing and uncertain since 1994 when it was first introduced by the United States Supreme Court in Campbell v. Acuff-Rose Music. To try to make some sense of this standard, this article extends the work of several scholars who have argued that the massive amount of fair use case law generally divides itself into categories, patterns or policy clusters which have their own internal coherence. This article contends that these observations apply as well to transformative use decisions more particularly, which similarly fit …
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
Scholarly Works
The Supreme Court has been markedly more active in patent law in recent years, as many have noted. How much has patent law changed as a result? The amount of change one sees is, in important respects, a function of the lens through which one looks. In this network analysis of the Supreme Court’s citations to its own case law in all its intellectual property cases from 1947 to 2017, inclusive, I am reminded of Alphonse Karr’s famous quip: “Plus ça change, plus c’est law mȇme chose” — the more it changes, the more it’s the same thing. I report …
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Scholarly Works
Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …
Music Modernization And The Labyrinth Of Streaming, Mary Lafrance
Music Modernization And The Labyrinth Of Streaming, Mary Lafrance
Scholarly Works
The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.
Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald
Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald
Scholarly Works
The emergence of platforms has transformed the digital economy, reshaping and recasting online transactions within the service industry. This transformation, as many have argued, has created new and unimagined challenges for policymakers and regulators, as well as for traditional, offline companies. Most scholarship examining platforms discuss their impact on employment law or consumer protection. Yet trademark law, which is central to the success of the platform enterprise, has been mostly overlooked within these discussions. To address this gap, this article discusses the emergence of two central forms of platform entrepreneurship-the platform, or "macrobrand" and the platform service provider, or the …