Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (7)
- Entertainment, Arts, and Sports Law (5)
- International Law (4)
- Marketing Law (4)
- Civil Law (3)
-
- Commercial Law (3)
- Comparative and Foreign Law (3)
- Computer Law (3)
- Conflict of Laws (3)
- Dispute Resolution and Arbitration (3)
- Jurisdiction (3)
- Law Enforcement and Corrections (3)
- Science and Technology Law (3)
- Administrative Law (1)
- Communications Law (1)
- Law and Psychology (1)
- Medical Jurisprudence (1)
- Property Law and Real Estate (1)
- Institution
- Publication
Articles 1 - 16 of 16
Full-Text Articles in Intellectual Property Law
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
David R Hansen
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Michael W. Carroll
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu
Joseph P. Liu
Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Ryan G. Vacca
When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen
David R Hansen
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, Giancarlo Francesco Frosio
Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
The idea of the Library of Alexandria has powerfully expanded over the centuries, embodying the dream of universal wisdom and knowledge centralized in one single place. Digitization projects, such as the Google books project, are reviving the hope that this dream may come true. Moreover, the ubiquity of the networked environment promises to open access to this aiber-library to everybody with an Internet connection. Today the entire collection of human knowledge may be only one click away. Whether the dream of the Library ofAlexandria will be achieved by the Google books project is highly debated. Recently, a court decision concluded …
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Reuven Ashtar
This Article deals with the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, and its relationship to licensing. It argues that not all digital locks and contractual notices qualify for legal protection under Section 1201, and attributes the courts’ indiscriminate protection of all Digital Rights Management (DRM) measures to the law’s incoherent formulation. The Article proposes a pair of filters that would enable courts to distinguish between those DRM measures that qualify for protection under Section 1201, and those that do not. The filters are shown to align with legislative intent and copyright precedent, as well as the approaches recently …
The Changing Nature Of Books And The Uneasy Case For Copyright, Niva Elkin-Koren
The Changing Nature Of Books And The Uneasy Case For Copyright, Niva Elkin-Koren
Niva Elkin-Koren
Digital technology penetrated the publishing industry decades ago, but it was only in the past two years, that the digital revolution finally reached the book industry, as eBooks became a viable alternative to printed books.
eBooks are not simply a fancy package for buying and selling books. They are transforming print culture. They are changing the nature of books as we know them, giving rise to new social practices of writing and reading. eBooks and digital libraries are also transforming the publishing and bookselling industries, enabling new methods of production and distribution, shaking the boundaries between the traditional players, and …
Trademarks And The Right To Practice, Juan Lapenne
Uruguayan Decision On Counterfeits In Transit, Juan Lapenne
Uruguayan Decision On Counterfeits In Transit, Juan Lapenne
Juan Lapenne
No abstract provided.
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Insights From Psychology For Copyright's Originality Doctrine, Cameron J. Hutchison
Cameron J Hutchison
The discipline of psychology has much to offer the law of copyright. For example, determining whether or not a work is original in a legal sense implicates, and may be enriched by, the psychology of creativity. This paper is a foray into the linkage between psychological understandings of creativity and the legal standard of originality. While the methodologies and approaches to the psychological sub-discipline of creativity are many, certain frameworks are chosen which seem most relevant and probative to the task: psychoanalysis (specifically, Jungian psychoanalysis), experimental psychology (specifically, the cognitive science of creativity or “cognitive creativity”), and social psychology (specifically, …
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Ulf Maunsbach
No abstract provided.
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
Andrew Beckerman Rodau
This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …