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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2017 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo 2017 American University Washington College of Law

R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo

PIJIP Research Paper Series

This working paper uses two common indicators of innovation to see how the technology hardware sector compares in countries with and without fair use. It illustrates that research and development spending by firms in these industries has been higher in countries with fair use, controlling for other firm- and country-level factors. It then shows more patents have been granted to the technology sector in countries that have adopted fair use, relative to patents granted to firms in the same industries in other countries, controlling for other country-level factors.


Fair Use And Appropriation Art, Niels Schaumann 2017 California Western School of Law

Fair Use And Appropriation Art, Niels Schaumann

Niels Schaumann

Part I provides some background regarding aesthetic vocabulary in the arts, and traces the use of appropriated images in the twentieth- and twenty-first centuries. Part II discusses the general application of copyright law to appropriation art. Part III examines the current status of the fair use cases that address appropriation art and concludes that the fair use results are better than before, largely because of the ascendancy of “transformativeness” as an important fair use factor. It also concludes, however, that fair use remains insufficient to protect appropriation art. Finally, Part IV re-proposes a solution—an exception to copyright, limited to ...


Small Business And Copyright Ownership, Niels Schaumann 2017 California Western School of Law

Small Business And Copyright Ownership, Niels Schaumann

Niels Schaumann

This article attempts to facilitate the recognition of situations involving copyright and the appropriate arrangements regarding ownership of the right. Part II briefly outlines some copyright basics, including the varieties of copyrightable subject matter under the Copyright Act of 1976. Part III describes copyright ownership, focusing on the kinds of transactions most likely to take place in the context of small business, including the “work for hire” doctrine. Armed with these fundamentals, the small-business lawyer may find that copyright litigation will rarely become necessary.


An Artist's Privilege, Niels Schaumann 2017 California Western School of Law

An Artist's Privilege, Niels Schaumann

Niels Schaumann

This article examines visual art in light of the letter and the spirit of the Constitution's Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist's privilege to copy can be ...


Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann 2017 California Western School of Law

Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann

Niels Schaumann

The author finds little with which to be pleased in the Court’s recent copyright cases. The Court seems to be fighting a holding action, fending off the future by resolutely gazing backward. While the Court has not itself enlarged copyright, it has not meaningfully evaluated Congress’s power to do so, and its decisions freeze copyright into a moment in time long past. Until copyright law recognizes that content is no longer container-bound, it will continue to flounder, desperately seeking analogies to the past and missing the significance of the technological changes all around us. That said, the author ...


Copyright Class War, Niels Schaumann 2017 California Western School of Law

Copyright Class War, Niels Schaumann

Niels Schaumann

No abstract provided.


Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann 2017 California Western School of Law

Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann

Niels Schaumann

In this article, I will analyze the activities of peer-to-peer ("P2P") users to determine more precisely which, if any, of their actions infringe copyright. In Part II, I will describe the process of copyright lawmaking and the recent evolution of copyright law in response to technology. This discussion will include a brief description of conventional and P2P network technology. A copyright analysis of user activities on P2P networks follows in Part III, where I argue that the nature of copyright legislation requires courts to be especially careful and precise in determining the contours of infringing noncommercial conduct by members of ...


The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett 2017 University of Southern California

The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Digital markets offer abundant free content but exhibit extreme concentration among content aggregation intermediaries. These characteristics are linked. In commoditized weak-IP markets, firms earn revenues by bundling free content for users with positively priced advertising services for firms. Intermediaries promote content commoditization, and the resulting reallocation of market rents from content producers to content aggregators, through free content distribution and political-influence activities that weaken copyright protections. The expected welfare effects raise concern. Scale economies, network effects, “infinite inventory”, ecosystem effects, and learning effects promote winner-take-all outcomes in the intermediary market while weak IP rights skew investment toward low-cost, short-lived projects ...


Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen 2017 Boston College Law School

Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen

Alfred C. Yen

No abstract provided.


P14. Estimating The Effects Of File-Sharing On Movie Box-Office, Zhuang Liu 2017 Western University

P14. Estimating The Effects Of File-Sharing On Movie Box-Office, Zhuang Liu

Western Research Forum

Background:

File-sharing and on-line piracy have caught great public attention. There is a public debate on whether or not we should close torrenting sites like Piratedbay.com. Copyright holders argue yes and claim substantial loss due to filesharing while Pirates claim that file-sharing is welfare-improving and the effects on sale are negligible. Right now no consensus has been reached on how file-sharing affects industry revenue in economics literature.

Methods:

Using a novel dataset of downloads from Bit-Torrent network, this paper quantifies the effects of file-sharing on movie box-office revenue. I estimate a random coefficient demand model of movies to quantify ...


[University Of Nebraska-Lincoln] Digital Commons Ranked Among World's Best, University of Nebraska-Lincoln 2017 University of Nebraska - Lincoln

[University Of Nebraska-Lincoln] Digital Commons Ranked Among World's Best, University Of Nebraska-Lincoln

Copyright, Fair Use, Scholarly Communication, etc.

The University of Nebraska-Lincoln Digital Commons, a collaborative service provided by the University Libraries, was recently ranked among the best digital repositories in the world (as of March 2017).


Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Traditional Knowledge In The Time Of Neo-Liberalism: Access And Benefit-Sharing Regimes In India And Bhutan, Indrani Barpujari, Ujjal Kumar Sarma 2017 Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis

Traditional Knowledge In The Time Of Neo-Liberalism: Access And Benefit-Sharing Regimes In India And Bhutan, Indrani Barpujari, Ujjal Kumar Sarma

The International Indigenous Policy Journal

In a neoliberal world, traditional knowledge (TK) of biodiversity possessed by Indigenous and Local Communities (ILCs) in the global South has become a valuable "commodity" or "bio-resource," necessitating the setting up of harmonized ground rules (international and national) in the form of an access and benefit-sharing regime to facilitate its exchange in the world market. Despite criticisms that a regime with a neo-liberal orientation is antithetical to the normative ethos of ILCs, it could also offer a chance for developing countries and ILCs to generate revenue for socioeconomic development—to which they are gradually becoming open, but only under fair ...


Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder 2017 University of New Hampshire

Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder

RISK: Health, Safety & Environment

The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations.


Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards 2017 Fleischman and Walsh

Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

“A Generation of Vipers,” proclaimed the cover story in The Columbia Journalism Review, as the nation’s most esteemed voice of media criticism evaluated the journalistic landscape of the mid- 1990s. The healthy skepticism that prompts journalism professors to instruct: “if your mother says she loves you, get a second source,” has been replaced by wholesale cynicism, suggests this critique. “It’s worth noting that, in several dozen interviews, no journalist reported becoming less cynical over a lifetime of reporting.” If cynicism has infected contemporary journalists, then it ap- pears the public has responded with cynicism of its own— apparently ...


Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D. 2017 Fordham Law School

Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.

Fordham Intellectual Property, Media and Entertainment Law Journal

The Hatch-Waxman Act of 1984 regulates approval by the Food and Drug Administration (“FDA”) of generic counterparts to patented drugs. In a series of recent cases, large pharmaceutical companies have been accused of exploiting Hatch-Waxman in violation of the antitrust laws. In essence, the allegations are concerned with the large pharmaceutical companies that have paid manufacturers not to market inexpensive generic versions of patented drugs, thereby restraining trade and maintaining a monopoly. In the case of Biovail v. Hoechst Aktiengesellschaf, Inc., the generic drug manufacturer, Biovail, sued Hoechst Aktiengesellschaf (“Hoechst”), a pharmaceutical company, for antitrust violations resulting from Biovail’s ...


The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff 2017 Fordham Law School

The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

A frigid dawn had not yet begun to rise when a group of weary negotiators concluded an eleven-hour, eleventh-hour meeting high above the streets of midtown Manhattan. At 7:00 p.m. on January 6, 1999, six men gathered to decide the fate of what had become, essentially over the course of the previous decade, an immensely successful element of American popular culture – professional basketball. At approximately 5:30 a.m. on January 7, 1999, an agreement was finally reached between the representatives of the National Basketball Association (“the NBA” or “the league”) and of the National Basketball Players’ Association ...


Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich 2017 UCLA School of Law, J.D.

Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich

Fordham Intellectual Property, Media and Entertainment Law Journal

As the new millennium dawns, a battle is shaping up in cyber- space that may redefine the manner in which many people obtain copies of their favorite music. In one corner stands the record and music industry, seeking to protect their current distribution channels and to control the dissemination of their intellectual property over the Internet. In the other corner, a group consisting of Inter- net mavens, some musical artists, including acts ranging from in- dependent bands to well-established headliners, and the ever present cyberpirates, stand ready to exploit the Internet as a means to quickly and cheaply distribute and ...


The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser 2017 Harvard Law School

The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser

Fordham Intellectual Property, Media and Entertainment Law Journal

The adoption of the Federal Trademark Dilution Act (the “FTDA”) in 1995, which incorporated a federal dilution clause into the Lanham Act, was preceded by a great deal of debate. The question lying at the heart of the discussion was whether the dilution doctrine is consistent with sound trademark policy or whether the far-reaching entitlements that the FTDA affords the owners of famous marks have instead created “dilution” of a kind that Congress may not have envisaged: a blurring of the conceptual boundaries of trademark law. It turns out that this question has important implications on a number of trademark ...


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