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Author Autonomy And Atomism In Copyright Law, Molly Van Houweling Nov 2015

Author Autonomy And Atomism In Copyright Law, Molly Van Houweling

Molly Van Houweling

No abstract provided.


Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark Gergen, Doug Rendleman Nov 2015

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark Gergen, Doug Rendleman

Mark P. Gergen

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies ...


Copyright As Contract, Jeffrey Harrison Nov 2015

Copyright As Contract, Jeffrey Harrison

Jeffrey L Harrison

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if ...


Copyright Law, David Vaver Oct 2015

Copyright Law, David Vaver

David Vaver

The explosive growth in communication technologies has put enormous strains on the law, no more so than on the law of copyright. In this book, David Vaver examines how the modern law of copyright and moral rights is coping with the new technologies. He provides a detailed, authoritative analysis of the most recent changes to the Copyright Act and their impact on copyright holders and users, including educational institutions, libraries, and archives. Copyright Law, like its companion volume Intellectual Property Law by the same author, is written in a lively non-technical style. It examines in greater depth than the earlier ...


Backward C Inside A Circle: Free Culture In Zines, Alycia Sellie Jun 2015

Backward C Inside A Circle: Free Culture In Zines, Alycia Sellie

Alycia Sellie

Although zines made today utilize many forms of antiquated technologies such as the typewriter and the photocopier in their construction, they are a part of contemporary tinkering with intellectual property. This thesis examines free culture as it has been expressed in self-published zines made in the last thirty-five years. It looks at the licenses found in zines as conversations between a zine maker and a zine reader. Beyond just the legal implications, the cultural and ethical effects of licensing a zine are explored.

The internet is not the only place where people have played with intellectual property and toyed with ...


Mark Mckenna Was Quoted In The Buzzfeed Article 9 Cheeky Weedbased Logos That Will Get Copyright Lawyers High On April 20, 2015, Mark Mckenna Jun 2015

Mark Mckenna Was Quoted In The Buzzfeed Article 9 Cheeky Weedbased Logos That Will Get Copyright Lawyers High On April 20, 2015, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the BuzzFeed article 9 Cheeky WeedBased Logos That Will Get Copyright Lawyers High on April 20. Mark McKenna, an associate dean and law professor at the University of Notre Dame, said that companies making T-shirts with characters like Mickey Mouse or Fred Flintstone smoking weed might be able to defend themselves under trademark law’s parody exception, but that anyone using those logos to advertise their stores or sell actual products could be in trouble. “[Cannabis businesses] are going to have to play by the same rules that everyone else does in commercial regulations. Trademark ...


Copyright: Cases And Commentary On The Canadian And International Law, Second Edition, Barry Sookman, Steven Mason, Carys Craig Feb 2015

Copyright: Cases And Commentary On The Canadian And International Law, Second Edition, Barry Sookman, Steven Mason, Carys Craig

Carys Craig

Copyright law grants exclusive rights for limited terms to the authors of musical, literary, dramatic and artistic works. With the shift towards an information economy and the rapid development of digital technologies, copyright is fast becoming one of the most dynamic, critical and controversial areas of Canadian law and policy. This casebook presents extracts from the leading cases from both Canadian and international jurisprudence to illustrate the legal concepts, doctrinal evolution and current approaches to copyright issues. The revised second edition reflects the important case law and statutory amendments that have taken place over the past five years, including the ...


The Romantic Author And The Romance Writer: Resisting Gendered Concepts Of Creativity, Rebecca Tushnet Dec 2014

The Romantic Author And The Romance Writer: Resisting Gendered Concepts Of Creativity, Rebecca Tushnet

Rebecca Tushnet

Dominant narratives of creativity regularly expect female-associated forms of creativity to be provisioned naturally without need for the economic incentives provided by exclusive rights, just like housework and childcare. Even as the concept of Romantic authorship has come under sustained analytic assault, its challengers often look elsewhere–to the kinds of creativity in which men are more likely to participate–to find models of situated, always-influenced authorship. In this chapter, I examine one variant of the problem, in which certain arguments about copyright discount the value of forms that are predominantly produced and enjoyed by women. But creative works in ...


A Mask That Eats Into The Face: Images And The Right Of Publicity, Rebecca Tushnet Dec 2014

A Mask That Eats Into The Face: Images And The Right Of Publicity, Rebecca Tushnet

Rebecca Tushnet

In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. The power of the visual image has allowed courts to create an inconsistent, overly expansive regime that would be easily understood as constitutionally unacceptable were the same rules applied to written words as to drawings and video games. The intersection of a conceptually unbounded right with a category of objects that courts do not handle well has created deep inconsistencies and biases in the treatment of visual ...


Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak Dec 2014

Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak

Oskar Liivak

In supporting gene patents, the patent office, the courts and other supporters have assumed that gene discoveries are identical to traditional inventions and therefore the patent system should treat them as identical. In other words, they have assumed that the relatively broad claims that are used for traditional inventions are also appropriate for encouraging gene discovery. This article examines this assumption and finds that gene discoveries are critically different from traditional inventions and concludes that the patent system cannot treat them as identical. As a doctrinal matter, this article applies the generally overlooked constitutional requirements of inventorship and originality and ...


Intellectual Property In Outer Space: International Law, National Jurisdiction, And Exclusive Rights In Geospatial Data And Databases, Lee Ann Lockridge Dec 2014

Intellectual Property In Outer Space: International Law, National Jurisdiction, And Exclusive Rights In Geospatial Data And Databases, Lee Ann Lockridge

Lee Ann W. Lockridge

No abstract provided.


Todo Es Cuestión De Precisión, Javier Murillo Chávez Dec 2014

Todo Es Cuestión De Precisión, Javier Murillo Chávez

Javier André Murillo Chávez

No abstract provided.


Privacy, Copyright, And Letters, Jeffrey Harrison Nov 2014

Privacy, Copyright, And Letters, Jeffrey Harrison

Jeffrey L Harrison

The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and a ...


Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey Harrison Nov 2014

Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey Harrison

Jeffrey L Harrison

It is the position of this article that the benefits of a regime of copyright law can be maintained while shedding at least some of the wastefulness of monopolistic competition. This article cuts against the grain of modem copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. In Section II, I will elaborate on the allocative/distributive distinction and their interconnectedness. In Section III, I will focus on an enhanced creativity standard and argue that an elevated ...


Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey Harrison, Robyn Shelton Nov 2014

Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey Harrison, Robyn Shelton

Jeffrey L Harrison

Hot news is factual, time-sensitive information ranging from baseball scores to the outbreak of war. In recent years, hot news has found its own niche among legal scholars and courts. When deconstructed, though, hot news is simply information and, like most information, it has a public good character. The problem ultimately is that news is non-excludable and non-rivalrous – discoverers or creators of hot news cannot exclude others from using the news and hot news is not destroyed when used. This means it may be produced at levels that are less than optimal.The critical element in hot news is lead ...


Los Derechos De Autor En La Celebración De Gol: De Roger Milla Al Checho Ibarra, Javier Murillo Chávez Oct 2014

Los Derechos De Autor En La Celebración De Gol: De Roger Milla Al Checho Ibarra, Javier Murillo Chávez

Javier André Murillo Chávez

No abstract provided.


A Functional Approach To Copyright Policy, Robert Suggs Sep 2014

A Functional Approach To Copyright Policy, Robert Suggs

Robert E. Suggs

This essay results from a half-century spent observing the development and stagnation of a once vital music form, jazz. Curiosity spurred its evolution when a successor to John Coltrane failed to emerge within a few years of his early death. Over the ensuing decades, I became concerned that advancing technology and the 1976 Copyright Act had fundamentally undermined our cultural ecology. Unnoticed over the past century, technology has changed our experience of expressive culture, (the stories, images, and melodies that copyright most strongly protects), from live performance in social settings to solitary consumption of recorded media. Neurologically and physiologically this ...


El Mono Que Quiso Ser Artista: El Primer Selfie Animal Y Los Derechos De Autor Y Conexos, Javier Murillo Chávez Sep 2014

El Mono Que Quiso Ser Artista: El Primer Selfie Animal Y Los Derechos De Autor Y Conexos, Javier Murillo Chávez

Javier André Murillo Chávez

No abstract provided.


The Determinants Of Open Access Publishing: Survey Evidence From Countries In The Mediterranean Open Access Network (Medoanet), Thomas Eger Jun 2014

The Determinants Of Open Access Publishing: Survey Evidence From Countries In The Mediterranean Open Access Network (Medoanet), Thomas Eger

Marc Scheufen

We discuss the results of a survey conducted between April 2013 and May 2014 in six Mediterranean countries and covering 2,528 researchers from Spain (1,291), Portugal (142), France (380), Italy (596), Turkey (131) and Greece (130). We compare the results to our German survey with 1,913 respondents. We show that there are significant differences between the scientific disciplines with respect to researcher’s awareness of and experience with both open access (OA) journals and self-archiving. Accordingly, the publishing culture (e.g. reputation, publishing language) but also other issues like age and certain policies (MedOANet) may explain why ...


Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank Pasquale Apr 2014

Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank Pasquale

Frank A. Pasquale

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 Jan 2014

Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann

James Grimmelmann

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.


“I’M A Lawyer, Not An Ethnographer, Jim”: Textual Poachers And Fair Use, Rebecca Tushnet Dec 2013

“I’M A Lawyer, Not An Ethnographer, Jim”: Textual Poachers And Fair Use, Rebecca Tushnet

Rebecca Tushnet

This short article, written for a festschrift for Henry Jenkins, discusses the influence of his work on media fandom in legal scholarship and advocacy around fair use.


A Survey Of State Copyright Laws, Pamela Gershuny Dec 2013

A Survey Of State Copyright Laws, Pamela Gershuny

Pamela Gershuny

Copyright laws in all 50 states are examined. State and federal legislatures have enacted numerous anti-piracy copyright statutes protecting sound recordings. This paper provides an overview of the four types of anti-piracy statutes, the recording industry interests needing protection, and the preemption arguments used by defendants. Part I of the paper introduces the murky waters of state and federal sound recording legislation. Part II discusses protectionism and the sound recording industry. Part III reviews the leading Supreme Court decisions on Copyright Clause preemption and Commerce Clause Preemption. Part IV argues that the four types of anti-piracy laws - anti-bootlegging, true name ...


Copyright's Hand Abstractions Test For Patent's Section-101 Subject-Matter Eligibility, Mark Carter Dec 2013

Copyright's Hand Abstractions Test For Patent's Section-101 Subject-Matter Eligibility, Mark Carter

Mark R. Carter, J.D., Ph.D.

Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent law’s subject-matter eligibility standard under 35 U.S.C. § 101 has been uncertain. This paper posits patent law's patent-ineligible abstract ideas are science concepts and science laws, composed of science concepts, as defined by science philosophers. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged abstract idea or natural phenomenon to independent claims as a coherent, systematic, and practical approach to judging utility-patent eligibility. Patent claims manifest an innate ...


How Many Wrongs Make A Copyright?, Rebecca Tushnet Dec 2013

How Many Wrongs Make A Copyright?, Rebecca Tushnet

Rebecca Tushnet

Derek Bambauer’s provocative paper argues that, because the remedies available to people who suffer unconsented distribution of intimate images of themselves are insufficient, we should amend copyright law to fill the gap. Bambauer’s proposal requires significant changes to every part of copyright—what copyright seeks to encourage, who counts as an author/owner, what counts as an exclusive right, what qualifies as infringement, what suffices as a defense, and what remedies are available. These differences are not mere details. Among other things, incentivizing intimacy is not the same thing as incentivizing creativity. Bambauer’s argument that copyright is ...


All Of This Has Happened Before And All Of This Will Happen Again: Innovation In Copyright Licensing, Rebecca Tushnet Dec 2013

All Of This Has Happened Before And All Of This Will Happen Again: Innovation In Copyright Licensing, Rebecca Tushnet

Rebecca Tushnet

Claims that copyright licensing can substitute for fair use have a long history. This article focuses on a new cycle of the copyright licensing debate, which has brought revised arguments in favor of universal copyright licensing. First, the new arrangements offered by large copyright owners often purport to sanction the large-scale creation of derivative works, rather than mere reproductions, which were the focus of earlier blanket licensing efforts. Second, the new licenses are often free. Rather than demanding royalties as in the past, copyright owners just want a piece of the action—along with the right to claim that unlicensed ...


Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna Dec 2013

Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna

Mark P. McKenna

Court: Reselling Books Bought Abroad Isn't A Copyright Violation interview by Dan Bobkoff quotes Mark McKenna, NPR’s Morning Edition March 20, 2013 DAN BOBKOFF, BYLINE: Once you buy a book in the U.S., you're free to lend it, throw it away or sell it. This is called the First Sale Doctrine, says law professor Mark McKenna of Notre Dame. MARK MCKENNA: This is why there are used book stores. BOBKOFF: But the question at stake in this case was whether that still applies to products sold and made in another country. Grad student Supap(ph) Kirksang ...


What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna Nov 2013

What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna

Mark P. McKenna

This paper was published as a chapter in Intellectual Property and Information Wealth (Peter Yu, ed., Praeger 2007). The chapter describes several doctrines that courts have developed to limit the scope of trademark protection where there is a risk of interference with the patent or copyright schemes. It also suggests that courts have in some cases overemphasized the subject matter of protection and underemphasized parties' ability to use trademark law to capture the types of economic benefits for which patent and copyright protection are presumed necessary.


Google Books Decision: Good, But Only Second Best?, Martin Husovec Oct 2013

Google Books Decision: Good, But Only Second Best?, Martin Husovec

Martin Husovec

Judge Denny Chin's Google Books ruling sparked a considerable amount of welcome reaction. It is submitted that everybody, not just Google, will now greatly benefit from broader fair use defence, that it is a “huge victory for online innovation” and a “big win for libraries and researchers”. But is the decision really the first best outcome?


The Origins Of American Design Patent Protection, Jason Du Mont, Mark Janis Oct 2013

The Origins Of American Design Patent Protection, Jason Du Mont, Mark Janis

Jason John Du Mont

Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.

One reason why the design patent system has remained largely unexplored in the literature is that scholars have ...