Intellectual Property Law Commons^™

On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled

Yaniv Heled

The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea--the notion of “patenting humans”--that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims “directed to or encompassing a human organism.” The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous

This Article reviews the history and background of this prohibition. It fleshes …

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.

Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

This article critically analyses the issues and reasoning behind the recent Singapore Court of Appeal decision in RecordTV Pte Ltd v Mediacorp TV Singapore Pte Ltd on the legality of digital copying and communications technology under Singapore’s copyright law and offers a different perspective (and some alternative arguments) on the three issues of copying, communication to the public and authorisation of copyright infringement. In particular, we will identify the relevant party to these acts and examine their definitions, based on the current statutory provisions and the history of the development of copyright law vis-à-vis modern technology.

The New Market Affair: Scouting For Gold In The Hills Of The Shenandoah Valley, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.

Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.

Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong

Cheng L Saw

No abstract provided.

Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh

Cheng L Saw

On 16 November 2004, the Singapore Parliament passed the Copyright (Amendment) Act (Act 52 of 2004) to amend the Copyright Act 1987 (the 'Act').1 These amendments, being the most extensive since the Act was last revised in 1999 and passed pursuant to Singapore’s obligations under the IP Chapter of the United States – Singapore Free Trade Agreement ('USSFTA'), came into force in Singapore on 1 January 2005. Not long before this, Parliament had already amended the Act by increasing the term of protection for authors' works to life plus 70 years (up from 50 years) and for sound recordings, cinematograph …

Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.

Cutting Across Media : Appropriation Art, Interventionist Collage, And Copyright Law, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Creative License - The Law And Culture Of Digital Sampling, Kembrew Mcleod, P. Dicola

Kembrew McLeod

The golden age of sampling -- A legal and cultural history of sound collage -- The competing interests in sample licensing -- Sampling lawsuits : hip-hop goes to court -- The sample clearance system : how it works (and how it breaks down) -- Consequences for creativity : an assessment of the sample clearance system -- Proposals for reform

On Pranks, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Everything Is Connected, Kembrew Mcleod

Kembrew McLeod

The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"

Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass

Kembrew McLeod

No abstract provided.

Licensed To Ill: The Relationship Between The Current Copyright Clearance System And Alternative Licensing Systems. Intellectual Property And The Making And Marketing Of Music In The Digital Age:, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Late Night With Jimmy Fallon, Featuring The Copyright Criminals All-Stars Band, Kembrew Mcleod, B. Franzen

Kembrew McLeod

Co-produced live musical event for Late Night With Jimmy Fallon, featuring the Copyright Criminals All-Stars Band (Public Enemy‘s Chuck D, James Brown Band drummer Clyde Stubblefield, The Roots drummer Questlove, The Roots MC Black Thought, and VJs/audio-visual remixers Eclectic Method). National broadcast on NBC

Fair Use, Copyright Clearance, And Multimedia Scholarship, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Scratch That: The Sample License Clearance Process And Artist Compensation, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Media Pranks And Pedagogy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Copyright Criminals, Fair Use, And The Difficulties Of Doing Multimedia Scholarship, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Copyright, The Clearance Culture, And Filmmaking, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

The Ironies Of Making Copyright Criminals, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Freedom Of Expression: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

From Audio To Print To Video To Court: Copyright Law And ―Sampling‖ Across Media, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Copyright Criminals: A Discussion About Filmmaking, The Clearance Culture, And Fair Use, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Copyright Criminals, Kembrew Mcleod

Kembrew McLeod

Feature-length documentary. World premiere at the Toronto International Film Festival on September 19, 2009. United States broadcast premiere on PBS‘s documentary series, Independent Lens, on January 19, 2010.

Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass

Kembrew McLeod

No abstract provided.

Creative License: A Conversation About Music, Sampling And Fair Use, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

It Takes A Nation Of Millions To Hold Us Back: A Conversation With Public Enemy., Kembrew Mcleod

Kembrew McLeod

No abstract provided.