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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow Oct 2016

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …


A Borrowed Language, Yvonne Osei Apr 2016

A Borrowed Language, Yvonne Osei

Graduate School of Art Theses

Art has the potency of mediation: bridging human differences, questioning voids in historical trajectories, negotiating spaces of relevance, and most importantly, being signifiers that embody the absent. I speak in a borrowed language, a multilingual visual tongue, inspired by a culmination of Western and African Art modes of practices to create charged platforms for multicultural communication.

My art presents visual portals that allow for intercultural and interracial mingling as issues of colorism, present-day colonialism, gender inequality and the politics of dress are foregrounded for collective deliberation. The essence of the work is often activated and brought to its full potential …


What Is Feminist About Open Access?: A Relational Approach To Copyright In The Academy, Carys J. Craig, Joseph F. Turcotte, Rosemary J. Coombe Feb 2015

What Is Feminist About Open Access?: A Relational Approach To Copyright In The Academy, Carys J. Craig, Joseph F. Turcotte, Rosemary J. Coombe

Carys Craig

In a context of great technological and social change, existing intellectual property regimes such as copyright must contend with parallel forms of ownership and distribution. Proponents of open access question and undermine the paradigm of exclusivity central to traditional copyright law, thereby fundamentally challenging its ownership structures and the publishing practices these support. In this essay, we attempt to show what it is about the open access endeavour that resonates with a feminist theory of law and society - in other words, we consider what is “feminist” about open access. First, we provide an overview of a relational feminist critique …


Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig Feb 2015

Feminist Aesthetics And Copyright Law: Genius, Value, And Gendered Visions Of The Creative Self, Carys J. Craig

Carys Craig

Copyright law is fundamentally concerned with the value of cultural works — both the recognition and the creation of this value. Yet it is seldom acknowledged that copyright law makes or requires any value judgment in the sense of an aesthetic evaluation of copyright’s subject matter. Indeed, it is often emphasized that copyright protects original works of authorship regardless of their quality or merit. That copyright protection demands the satisfaction of only the most minimal of qualitative standards does not, however, dispose of the larger claim that forms the basis of this chapter: our copyright system is dominated by a …


Hero With A Thousand Copyright Violations: Modern Myth And An Argument For Universally Transformative Fan Fiction, Natalie H. Montano Sep 2013

Hero With A Thousand Copyright Violations: Modern Myth And An Argument For Universally Transformative Fan Fiction, Natalie H. Montano

Northwestern Journal of Technology and Intellectual Property

Copyright law is designed to protect the ownership and financial rights of the original author of a literary work. However, the internet has created new opportunities for amateur writers to create their own fan fiction based on such literary works. Borrowing from the ideas and characters of a work, fan fiction authors build upon and re-imagine these stories. Such fan works should be protected under the Fair Use Defense, but the power imbalance between amateur fan fiction authors and successful published authors often leads to the eradication of fan stories from the public domain.

This Comment argues that fan fiction …