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Articles 1 - 30 of 181
Full-Text Articles in Intellectual Property Law
An Introduction To Lessigian Thought, Russ Taylor
An Introduction To Lessigian Thought, Russ Taylor
Federal Communications Law Journal
Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.
A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …
Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima
Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Switzerland's Patent Law History , Dominique S. Ritter
Switzerland's Patent Law History , Dominique S. Ritter
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky
Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey
The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
William & Mary Law Review
Copyright, it is commonly said, matters in society because it encourages the production of socially beneficial, culturally significant expressive content. Our focus on copyright's recent history, however, blinds us to the social information practices that have always existed. In this Article, we examine these social information practices, and query copyright's role within them. We posit a functional model of what is necessary for creative content to move from creator to user. These are the functions dealing with the creation, selection, production, dissemination, promotion, sale, and use of expressive content. We demonstrate how centralized commercial control of information content has been …
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright's Communications Policy, Timothy Wu
Copyright's Communications Policy, Timothy Wu
Michigan Law Review
There is something for everyone to dislike about early twenty-first century copyright. Owners of content say that newer and better technologies have made it too easy to be a pirate. Easy copying, they say, threatens the basic incentive to create new works; new rights and remedies are needed to restore the balance. Academic critics instead complain that a growing copyright gives content owners dangerous levels of control over expressive works. In one version of this argument, this growth threatens the creativity and progress that copyright is supposed to foster; in another, it represents an "enclosure movement" that threatens basic freedoms …
Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola
Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola
Michigan Telecommunications & Technology Law Review
Section 1201(a)(1) of the Copyright Act prohibits the act of "circumvent[ing] a technological measure that effectively controls access to a work," including, for example, by-passing password protection or encryption intended to restrict access to paying customers. Section 1201(a)(2) prohibits the manufacture or sale of "any technology, product, service, device, component, or part thereof" primarily designed for the purpose of circumventing access controls on copyrighted works. Additionally, § 1202(b) prohibits the manufacture or sale of products, devices or services primarily designed to circumvent "a technological measure that effectively protects a right of a copyright owner"--for example, a technological measure intended to …
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
Michigan Telecommunications & Technology Law Review
The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …
Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed, Kurt M. Saunders, Linda Levine
Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed, Kurt M. Saunders, Linda Levine
Michigan Telecommunications & Technology Law Review
Some inventions never see the light of day. Others enter the spotlight after long delays and the factors that slowed the arrival of that innovation are ignored. Technology suppression is a real occurrence involving well known and widely used products. In this Article, we examine the topic of technology suppression, seeking to reveal the tactics of suppression and the patterns and conditions under which it occurs. Current examples of US technologies are used to highlight the significance of this phenomenon. We consider related factors, including market and innovation forces, and we identify suppressive tactics, using illustrative cases where patent nonuse …
Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson
Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore
How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
University of Michigan Journal of Law Reform
The continued development of and affordable access to potentially life saving pharmaceuticals, gene therapies and diagnostics is unquestionably a socially important issue. However, crafting government policy to encourage the development of and allowing affordable access to those services and products is difficult. On one hand, the development of those services and products requires a large investment of funds because of the complexity, collaborative nature, and uncertainty of the development of those products and services. Accordingly, investors require the safety of strong and stable patent rights to ensure a return on their investment in the development of a commercial end-product or …
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Speaking With A Forked Tongue In The Global Debate On Traditional Knowledge And Genetic Resources: Is U.S. Intellectual Property Law And Policy Really Aimed At Meaningful Protection For Native American Cultures?, Nancy Kremers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Dalhousie Law Journal
The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon. Popular assumptions that Its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for Infringement of its official marks, trademarks and copyrights relating to the ship and its name. The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute In this article, the author provides some background to the dispute before moving on to consider …
Protecting The Next Small Thing: Nanotechnology And The Reverse Doctrine Of Equivalents, Andrew Wasson
Protecting The Next Small Thing: Nanotechnology And The Reverse Doctrine Of Equivalents, Andrew Wasson
Duke Law & Technology Review
If even a fraction of the predictions about nanotechnology are realized, our society will be a dramatically different and better place than it is today. Yet, due to the infancy of the field, it is still unclear how traditional patent doctrine will be applied to nanotechnology. As it stands, the creators of nanoscale versions of traditional products might face infringement claims from traditional patent holders. The reverse doctrine of equivalents serves as a possible mechanism to equitably excuse the literal infringement of traditional patents by nanotech inventors in a way that encourages the progress of science.
Lexmark, Watermarks, Skylink And Marketplaces: Misuse And Misperception Of The Digital Millenium Copyright Act's Anticircumvention Provision, Molly Torsen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Can-Spam: A First Step To No-Spam, Grant C. Young
Can-Spam: A First Step To No-Spam, Grant C. Young
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright And Free Expression: Analyzing The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Copyright And Free Expression: Analyzing The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patent Grant Rates At The United States Patent And Trademark Office, Lawrence B. Ebert
Patent Grant Rates At The United States Patent And Trademark Office, Lawrence B. Ebert
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Legal And Regulatory Concerns Facing Nanotechnology, Francisco Castro
Legal And Regulatory Concerns Facing Nanotechnology, Francisco Castro
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trademark: "I Love You…You're Fired!", Christian G. Stahl
Trademark: "I Love You…You're Fired!", Christian G. Stahl
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Campbell Law Review
This article will present specific legal cases involving the need for choreographers to copyright their works and will address whether the need for copyright protection for a dance is overly disputed or immensely neglected.
Case Comment: Society Of Composers, Authors And Music Publishers Of Canada V. Canadian Association Of Internet Service Providers, Barry Sookman
Case Comment: Society Of Composers, Authors And Music Publishers Of Canada V. Canadian Association Of Internet Service Providers, Barry Sookman
Canadian Journal of Law and Technology
The exponential growth of the Internet has raised serious issues related to liability for copyright infringement. Who should compensate authors and publishers for the use of their works? What activities constitute infringement? Are Internet intermediaries such as Internet service providers (ISPs) liable for infringement when they provide connectivity to subscribers, when they provide hosting services, or when they use caching technologies? Where does infringement occur? Is the scope of the Copyright Act limited to acts of infringement that occur wholly within Canada or does the Act apply to acts that take place partly in Canada and partly outside of Canada? …
Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins
Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins
Canadian Journal of Law and Technology
As of January 1, 2004, after a three-year phase-in period, the Personal Information Protection and Electronic Documents Act (PIPEDA) came fully into force. Although considerable uncertainty currently prevails due to unanticipated events such as the resignation and replacement of Commissioner George Radwanski and the late constitutional challenge by Quebec, there is now sufficient experience with the legislation to begin to assess how the PIPEDA is working. It is also a timely juncture to do so with the extension of the legislation to the provincially regulated private sector.