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Intellectual Property Law Commons

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Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson 2019 Santa Clara Law

Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson

Santa Clara High Technology Law Journal

ARTIFICIAL INTELLIGENCE AND THE FOG OF INNOVATION: A DEEP-DIVE ON GOVERNANCE AND THE LIABILITY OF AUTONOMOUS SYSTEMS


Algorithms And Human Freedom, Robert H. Sloan, Richard Warner 2019 Santa Clara Law

Algorithms And Human Freedom, Robert H. Sloan, Richard Warner

Santa Clara High Technology Law Journal

ALGORITHMS AND HUMAN FREEDOM


When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper 2019 Ithaka S+R

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in ...


Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason McIntyre 2019 Elisabeth Haub School of Law at Pace University

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether ...


How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild 2019 Wayne State University Law School

How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild

Pace Law Review

From the time of the first federal copyright law in 1790 until enactment of the International Copyright Act in 1891, U.S. copyright law did not apply to works by authors who were not citizens or residents of the United States. U.S. publishers took advantage of this lacuna in the law, and the demand among American readers for books by popular British authors, by reprinting the books of these authors without their authorization and without paying a negotiated royalty to them.

This Article tells the story of how proponents of extending copyright protections to foreign authors—called international copyright ...


Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster 2019 University of Nebraska-Lincoln

Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

Supplemental sources handed out during a presentation given on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln.

Topics: Copyright, Fair Use, Educational use, UNL Digital Commons.


Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner 2019 University of Nebraska-Lincoln

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Basic copyright: Know your rights; Copyright registration; Rights conferred; Length of term; Infringement

Licensing and contracts: Addenda to copyright that limit or extend your work; Permissions; Evaluating predatory journals; Creative Commons licenses; Gold Open Access/APCs

Fair use: How to fairly and legally use copyrighted materials in your own work; Plagiarism vs. copyright

Educational use: "Can I use this {image, quote, video clip, ...} in my {lecture, course materials, dissertation, ...}"

Copyright considerations, UNL Digital Commons: Publishing: books, journals; Green Open Access


Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner 2019 University of Nebraska-Lincoln

Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.


Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner 2019 University of Nebraska-Lincoln

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner

Library Conference Presentations and Speeches

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who owns UNL content?

Who owns UNL courses?

Green Open access

Most commercial ...


Copyright: Protect, Preserve, And Promote Your Research, Sue Ann Gardner, Paul Royster 2019 University of Nebraska-Lincoln

Copyright: Protect, Preserve, And Promote Your Research, Sue Ann Gardner, Paul Royster

Library Conference Presentations and Speeches

Copyright is a powerful tool to protect, preserve, and promote academic research. The slides duplicate a quiz given to workshop participants.


Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner 2019 University of Nebraska-Lincoln

Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Answers to a quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.


Adventures In Conference Planning – University Of Maine Ptrc Celebrates 25 Years, Rachel A. Knapp 2019 University of Maine

Adventures In Conference Planning – University Of Maine Ptrc Celebrates 25 Years, Rachel A. Knapp

Journal of the Patent and Trademark Resource Center Association

The challenges and rewards of conference planning come into focus when one librarian organizes the 25th anniversary celebrations for the University of Maine's Patent and Trademark Resource Center.


A Few Words And A Brief Recap Of The Jptrca’S Journey, David R. Irvin 2019 New Mexico State University

A Few Words And A Brief Recap Of The Jptrca’S Journey, David R. Irvin

Journal of the Patent and Trademark Resource Center Association

The Journal of the Patent and Trademark Resource Center has transitioned to TigerPrints at Clemson University. Here we offer some insight about why the Publications Committee recommended the move.


Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick 2019 Pepperdine School of Law

Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick

Pepperdine Law Review

At any given fast fashion store, there may be a near exact replica of a ‘designer’ clothing item that sells for four times less than the amount it would at a luxury retailer. Wait—isn’t that illegal? After the Supreme Court’s landmark separability test created in Star Athletica, the answer may soon be yes. Fast fashion chains make their money exploiting the historical lack of copyright protection in the fashion industry. Lamps, shoes, and clothes have long been held ineligible for copyright protection because the utilitarian features are inseparable from the artistic. In other words, the part of ...


Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar 2019 Santa Clara Law

Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar

Santa Clara High Technology Law Journal

DEFECTIVE COMPUTER-AIDED DESIGN SOFTWARE LIABILITY IN 3D BIOPRINTED HUMAN ORGAN EQUIVALENTS


Heads I Win, Tails You Lose: The "Expense" Of A De Novo Review Of Uspto Decisions, Sarah Murphy 2019 Boston College Law School

Heads I Win, Tails You Lose: The "Expense" Of A De Novo Review Of Uspto Decisions, Sarah Murphy

Boston College Law Review

Courts have traditionally deferred to the American Rule presumption against awarding attorney’s fees. On February 4, 2019, however, in Booking.com v. USPTO, the United States Court of Appeals for the Fourth Circuit held that the term “expenses” in 35 U.S.C. § 1071 allows the USPTO to recover attorney’s fees when an applicant challenges the denial of its trademark. In contrast, on July 17, 2018, the en banc United States Court of Appeals for the Federal Circuit in NantKwest, Inc. v. Iancu, held that the USPTO was not entitled to recover attorney’s fees pursuant to 35 ...


Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang 2019 Santa Clara Law

Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang

Santa Clara High Technology Law Journal

EMPIRICAL ANALYSIS OF AUSTRALIAN TRADEMARK INFRINGEMENT DECISIONS: IMPLICATIONS FOR THE U.S. TRADEMARK USE DEBATE


Who Cares About Patents? Cross-Industry Differences In The Marginal Value Of Patent Term, Neel U. Sukhatme, Judd N.L. Cramer 2019 Georgetown University Law Center

Who Cares About Patents? Cross-Industry Differences In The Marginal Value Of Patent Term, Neel U. Sukhatme, Judd N.L. Cramer

Georgetown Law Faculty Publications and Other Works

How much do market participants in different industries value a marginal change in patent term (i.e., duration of patent protection)? We explore this research question by measuring the behavioral response of patentees to a rare natural experiment: a change in patent term rules, due to passage of the TRIPS agreement. We find significant heterogeneity in patentee behavior across industries, some of which follows conventional wisdom (patent term is important in pharmaceuticals) and some of which does not (it also appears to matter for some software). Our measure is highly correlated with patent renewal rates across industries, suggesting the marginal ...


Sparc* Landscape Analysis: The Changing Academic Publishing Industry – Implications For Academic Institutions, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph McArthur, Nick Shockey 2019 Sanford C. Bernstein & Co

Sparc* Landscape Analysis: The Changing Academic Publishing Industry – Implications For Academic Institutions, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

Academic publishing is undergoing a major transition as some of its leaders are moving from a content-provision to a data analytics business. This is evidenced by a change in the product mix that they are selling across higher education institutions, which is expanding beyond journals and textbooks to include research assessment systems, productivity tools, online learning management systems – complex infrastructure that is critical to conducting the end-to-end business of the university. Through the seamless provision of these services, these companies can invisibly and strategically influence, and perhaps exert control, over key university decisions – ranging from student assessment to research integrity ...


Investor-State Dispute Settlement: Human Rights And Regulatory Lessons From "Lilly V. Canada", Daniel J. Gervais 2019 Selected Works

Investor-State Dispute Settlement: Human Rights And Regulatory Lessons From "Lilly V. Canada", Daniel J. Gervais

Daniel J Gervais

The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the complexity of the equations to solve. Two resultant issues are explored in this Article. First, the Article considers ways in which broader public policy objectives—in particular the protection of human rights—can and should be factored into determinations of whether a state’s action is compatible with its trade obligations and commitments in the state-to-state dispute settlement context. Second, the Article examines whether doctrinal tools used in state-to-state ...


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