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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch Dec 2013

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch

Electronic Theses and Dissertations

Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By …


Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler Oct 2013

Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler

Buffalo Intellectual Property Law Journal

No abstract provided.


Tattoos & Ip Norms, Aaron K. Perzanowski Jan 2013

Tattoos & Ip Norms, Aaron K. Perzanowski

Aaron K. Perzanowski

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …


Book Review -- William Patry, How To Fix Copyright, Michael J. Madison Jan 2013

Book Review -- William Patry, How To Fix Copyright, Michael J. Madison

Articles

I review William Patry’s book How to Fix Copyright. The book is noteworthy for its ambitious yet measured effort to diagnose where copyright law has gone astray in recent years. It is less successful with respect to proposing possible changes to the law. Most interesting are parallels between How to Fix Copyright and an earlier comprehensive look at copyright law in the digital era: Paul Goldstein’s Copyright’s Highway: From Gutenberg to the Celestial Jukebox. William Patry and Paul Goldstein each have a lot of faith in the power of consumer choice in the cultural marketplace. That faith leads …