Intellectual Property Law Commons^™

A License To Plagiarize, Brian L. Frye

University of Arkansas at Little Rock Law Review

No abstract provided.

Patent Law—Bringing Predictability Back With The Intracircuit Split Pronounced In Retractable Technologies, Inc. V. Becton, Dickinson & Co., 653 F.3d 1296 (2011): Claim Construction And Unpredictably Limiting The Patentee's Rights, Landon M. Reeves

University of Arkansas at Little Rock Law Review

No abstract provided.

Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach

Faculty Scholarship

¶Continuing advances in consumer information technology have made video editing, once difficult, into a relatively simple matter. The average consumer can easily create and edit videos, and post them online. Inevitably many of these posted videos incorporate existing copyrighted content, raising questions of infringement, derivative versus transformative use, fair use, and parody.¶ ¶This article looks at several such works, with its main focus on one category of examples: the Downfall Hitler meme. Downfall Hitler videos take as their starting point a particular sequence - Hitler's breakdown rant - from the 2004 German film Der Untergang [Downfall in the US]. The …

Buying A Lie: The Harms And Deceptions Of Ghostwriting, T. J. Fosko

University of Arkansas at Little Rock Law Review

Ghostwriters are hired by politicians, celebrities, professionals and even established authors to do the work of writing for significant monetary compensation. Although ghostwriters receive no professional credit for their authorship, publishers who employ ghostwriters enjoy the financial windfall of marketing a book by a well-known person. While the economic harm of purchasing a relatively inexpensive book from what the consumer thought was a best-selling author is relatively slight, the serious harm of ghostwriting is the message received by the consumer who thinks that the ideas and message of the book come from the purported author.

Despite the inherently deceptive nature …

A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley

University of Arkansas at Little Rock Law Review

This article focuses on the religious services exemption to the Copyright Act. The religious services exemption is one of many exemptions that permit certain types of use without first obtaining permission from the copyright owner, or proving fair use. This article argues that the religious services exemption should be expanded to cover any work used in the course of services as well as the recording, broadcast, and transmission of the services.

The first part of this article analyzes the existing religious services exemption under the Copyright Act to define the bounds that uses fall under the exemption. The article then …

Patent Law—Patentability Post-Bilski: No Need To Throw The Baby Out With The Bath Water When Determining Subject Matter Eligibility Under 35 U.S.C. § 101, Jennifer L. Davis

University of Arkansas at Little Rock Law Review

Pursuant to Title 35, §101 of the United States Code, anyone who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" is eligible for a patent. Traditionally, the United States Patent and Trademark Office and the federal courts have enumerated a variety of tests for determining patent eligibility, but common language in the case law had lead to, in Bilski v. Kappos, 130 S. Ct. 3218 (2010), the development of what is known as the machine-or-transformation test. In an opinion delivered on the final day of the 2009-2010 …

Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam

University of Arkansas at Little Rock Law Review

Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.

In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …

Recent Supreme Court Patent Decisions: The Trend To Limit The Power Of Patent Holders, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Ebay V. Mercexchange As A Sign Of Things To Come: Is The Supreme Court Still Reluctant To Hear Patent Cases?, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning

University of Arkansas at Little Rock Law Review

A key feature of an effective copyright system is to provide protection against infringement that is consistent with a copyright's goal: to "promote . . . useful Arts." Thus, for the overall public good, it is vital to achieve a proper balance between protecting authors' works as an incentive to create and the public's interest in accessing both creative works and new technology. The outcome of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (Grosker III) and the resulting business and legal developments created ambiguity and doubt regarding potential liability in the copyright system that is having a deleterious effect on technical …

Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner

University of Arkansas at Little Rock Law Review

No abstract provided.

Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn

The Journal of Appellate Practice and Process

No abstract provided.

The Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc.: The Return Of Patent Appeals To The Regional Circuits, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Intellectual Property—Trade Secret Law—Is The Arkansas Supreme Court Following Other Jurisdictions Down The Wrong Road In Analyzing Combination Trade Secrets? Wal-Mart Stores, Inc. V. P.O. Market, Inc., 347 Ark. 651, 66 S.W.3d 620 (2002), Gina White

University of Arkansas at Little Rock Law Review

No abstract provided.

Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz

The Journal of Appellate Practice and Process

No abstract provided.

Law And Order On The Wild, Wild West (Www), Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.

The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.