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Full-Text Articles in Law

Copyright And Distributive Justice, Justin Hughes, Robert P. Merges Feb 2017

Copyright And Distributive Justice, Justin Hughes, Robert P. Merges

Notre Dame Law Review

Is our copyright system basically fair? Does it exacerbate or ameliorate

the skewed distribution of wealth in our society? Does it do anything at all

for disempowered people, people at the bottom of the socio-economic hierarchy?

In this Article we engage these questions. Our goal is to begin a more

comprehensive discussion of the effect the copyright system has on the allocation

of wealth in our society.


Trademarks And Digital Goods, Mark Mckenna, Lucas S. Osborn Jan 2017

Trademarks And Digital Goods, Mark Mckenna, Lucas S. Osborn

Journal Articles

Technology increasingly allows for digital distribution of goods that once might once have been offered in physical form, radically separating the design and production processes. That separation has potentially destabilizing consequences for trademark law, which overwhelmingly has been oriented toward indications of the origin of physical goods. For one thing, digitization brings much more of trademark law into contact with the Supreme Court's Dastar decision, raising difficult questions about whether, and under what circumstances, digital files count as “goods” for Lanham Act purposes. More broadly, a world of increasing digitization implicates concerns about the boundaries of trademark law vis-à-vis ...


What's In, And What's Out: How Ips Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman Jan 2017

What's In, And What's Out: How Ips Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman

Journal Articles

Intellectual property law sorts subject matter into a variety of different regimes, each with different terms of protection and different rules of protectability, infringement, and defenses. For that sorting to be effective, IP needs principles to distinguish the subject matter of each system. This paper focuses on one of the most important aspects of border-drawing that our IP system undertakes — identifying “useful” subject matter.

This aspect is critical because our IP system gives utility patent law pride of place and draws the boundaries of the other doctrines in large part to respect utility patent’s supremacy. Yet IP law’s ...


Lights, Camera, Legal Action: Assessing The Question Of Acting Performance Copyrights Through The Lens Of Comparative Law, Chrissy Milanese Jun 2016

Lights, Camera, Legal Action: Assessing The Question Of Acting Performance Copyrights Through The Lens Of Comparative Law, Chrissy Milanese

Notre Dame Law Review

This Note will use comparative methods to consider whether an actor should have such an interest based on America’s international obligations under various intellectual property treaties, the treatment of acting performances in parallel foreign jurisdictions, and the current framework of American copyright law. Despite agreeing that, on the particular facts of Garcia, the Ninth Circuit reached the correct conclusion, this Note asserts that Garcia has identified a gap in American intellectual property law. In accordance with the fundamental principles underlying intellectual property law and global trends, this Note will argue that this problem should be addressed by incorporating into ...


Dancing Promotions, Dodging Preemption, And Defending Personas: Why Preempting The Right Of Publicity Deprives Talent The Publicity Protection They Deserve, Sean Elliott Feb 2014

Dancing Promotions, Dodging Preemption, And Defending Personas: Why Preempting The Right Of Publicity Deprives Talent The Publicity Protection They Deserve, Sean Elliott

Notre Dame Law Review

No abstract provided.


Fixing Copyright In Three Impossible Steps: Review Of How To Fix Copyright By William Patry, Mark Mckenna Jan 2013

Fixing Copyright In Three Impossible Steps: Review Of How To Fix Copyright By William Patry, Mark Mckenna

Journal Articles

This review of William Patry’s How to Fix Copyright highlights three of Patry's themes. First is Patry’s insistence that copyright policy be based on real-world evidence, a suggestion that should be uncontroversial but instead runs headlong into the near-religious commitments of copyright stakeholders. Second is Patry’s emphasis on the difference between the interests of creators, on the one hand, and owners of copyright interests, on the other. Third, and finally, is Patry’s focus on the copyright system’s strong tendency to entrench business models and resist change, particularly in the face of new technology.


Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer Jan 2010

Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer

Journal Articles

The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no law...abridging the freedom of speech or of the press," thus at least nominally indicating that limitations on the ...


Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer Jan 2007

Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer

Journal Articles

Section 301 of the Copyright Act of 1976 expressly preempts state law actions that are within the "general scope of copyright" and that assert claims that are "equivalent to" the rights conferred by the Act. The Act eliminated the previous system of common law copyright for unpublished works, which had prevailed under the prior 1909 Copyright Act. By federalizing copyright law, the drafters of the statute sought to achieve uniformity and to avoid the potential for state protection of infinite duration.

The legislative history of § 301 stated that this preemption provision was set forth "in the clearest and most unequivocal ...


Refusals To Deal With Competitors By Owners Of Patents And Copyrights: Reflections On The Image Technical And Xerox Decisions, Joseph P. Bauer Jan 2006

Refusals To Deal With Competitors By Owners Of Patents And Copyrights: Reflections On The Image Technical And Xerox Decisions, Joseph P. Bauer

Journal Articles

Under the patent and copyright laws, the owner of a patent for an invention or of a copyright for a work has the right to sell, license or transfer it, to exploit it individually and exclusively, or even to decide to withhold it from the public. By contrast, under the antitrust laws, a unilateral refusal to deal may constitute an element of a violation of Section 2 of the Sherman Act, and the courts may then impose a duty on the violator to deal with others, including possibly with its actual or would-be competitors.

The central question addressed by this ...


Defending Cyberproperty, Patricia L. Bellia Jan 2004

Defending Cyberproperty, Patricia L. Bellia

Journal Articles

This Article explores how the law should treat legal claims by owners of Internet-connected computer systems to enjoin unwanted uses of their systems. Over the last few years, this question has become increasingly urgent and controversial, as system owners have sought protection from unsolicited commercial e-mail and from robots that extract data from Web servers for competitive purposes. In the late 1990s and early 2000s, courts utilizing a wide range of legal doctrines upheld claims by network resource owners to prevent unwanted access to their computer networks. The vast weight of legal scholarship has voiced strong opposition to these cyberproperty ...


Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar Jan 2002

Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar

Journal Articles

In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals' incentives to create and then examine the implications of our findings for the constitutional analysis of Eldred v. Ashcroft. We show that behavioral biases - namely, individuals' optimistic bias regarding their future longevity and their subadditive judgments in circumstances resembling the extant rule of copyright duration - explain the otherwise puzzling lifetime-plus-years basis for copyright protection given to individual authors, and reveal how this regime provides superior incentives to create. Thus, insofar as the provision of increased incentives to ...


The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry Jun 1999

The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry

Notre Dame Law Review

No abstract provided.


Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath Jun 1999

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.


Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath Jun 1999

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.


Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York Jan 1999

Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York

Notre Dame Law Review

No abstract provided.


The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco Jan 1994

The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco

Journal Articles

No abstract provided.


Copyright Protection For Compilations Of Fact: Does The Originality Standard Allow Protection On The Basis Of Industrious Collection, Elizabeth M. Saunders Jan 1987

Copyright Protection For Compilations Of Fact: Does The Originality Standard Allow Protection On The Basis Of Industrious Collection, Elizabeth M. Saunders

Notre Dame Law Review

No abstract provided.


Copyrightability Of Object Code, James Canfield Jan 1984

Copyrightability Of Object Code, James Canfield

Notre Dame Law Review

No abstract provided.


Receive-Only Satellite Earth Stations And Piracy Of The Airwaves, David Hasper Oct 1982

Receive-Only Satellite Earth Stations And Piracy Of The Airwaves, David Hasper

Notre Dame Law Review

No abstract provided.