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Full-Text Articles in Law
The Protection Of Databases, Daniel J. Gervais
The Protection Of Databases, Daniel J. Gervais
Chicago-Kent Law Review
In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
Chicago-Kent Law Review
No abstract provided.
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Chicago-Kent Law Review
No abstract provided.
Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Lionel Bently
Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Lionel Bently
Chicago-Kent Law Review
This paper examines the tension between trade and development, and its handling in multiple layers of law-making through an historical case study concerning copyright in India in the late-nineteenth and early-twentieth century. The paper explains the emergence of views in the Government of India of what copyright law should cover that reflected longstanding but not unproblematic assumptions about India's need for European knowledge and learning. The belief that India needed access to European knowledge informed resistance to the desires of British publishers that copyright owners should be able to control the making of translations of their works. These divergences between …
Codifying A Commons: Copyright, Copyleft, And The Creative Commons Project, Adrienne K. Goss
Codifying A Commons: Copyright, Copyleft, And The Creative Commons Project, Adrienne K. Goss
Chicago-Kent Law Review
In response to problems of overprotection perceived in America's copyright scheme, the founders of the Creative Commons project have sought to create modular licenses allowing authors and artists to declaim some of the default protections associated with their copyright in order to grant public permission for use of their work in contexts such as nonprofit media or derivative works. This article reviews criticisms of the Creative Commons project and analyzes the project from the standpoint of copyright's overall policy goals, both domestically and internationally. Because copyright policy seeks to enhance the public supply of information and knowledge, the article concludes …
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
All Faculty Scholarship
The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …