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Intellectual Property Law Commons

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Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke 2018 Chicago-Kent College of Law

Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden 2018 Chicago-Kent College of Law

Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Court Divided, Shubha Ghosh 2018 Chicago-Kent College of Law

A Court Divided, Shubha Ghosh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle 2018 Chicago-Kent College of Law

R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Intellectual Property And Public Health: A White Paper, Katharine A. Van Tassel 2018 Concordia University School of Law, Boise

Intellectual Property And Public Health: A White Paper, Katharine A. Van Tassel

Katharine Van Tassel

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three ...


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer 2018 Duke Law

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership ...


Anti-Innovation Norms, Stephanie Plamondon Bair, Laura G. Pedraza-Fariña 2018 Northwestern Pritzker School of Law

Anti-Innovation Norms, Stephanie Plamondon Bair, Laura G. Pedraza-Fariña

Northwestern University Law Review

Intellectual property (IP) scholars have recently turned their attention to social norms—informal rules that emerge from and are enforced by nonhierarchically organized social forces—as a promising way to spur innovation in communities as diverse as the fashion industry and the open-source software movement. The narrative that has emerged celebrates social norms’ ability to solve IP’s free-rider problem without incurring IP’s costs.

But this account does not fully consider the dark side of social norms. In fact, certain social norms, when overenforced, can create substantial barriers to the most socially beneficial creative pursuits. Because IP scholars have ...


Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting, Brandon Johnson 2018 Northwestern Pritzker School of Law

Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting, Brandon Johnson

Northwestern University Law Review

Porchlight Music Theatre, a non-equity theatre company in Chicago, decided to capitalize on the popularity of Lin-Manuel Miranda’s smash hit Hamilton by producing one of Miranda’s earlier works, In the Heights. This earlier work tells the story of a predominantly Latinx community in New York’s Washington Heights neighborhood. Porchlight’s production, however, received significant negative attention when it was revealed that the lead character—Usnavi, an immigrant from the Dominican Republic—would be played by a white actor. While casting white actors in nonwhite roles is nothing new and has been a persistent (and persistently criticized) practice ...


The Public Knowledge Project: Reflections And Directions After Two Decades, Juan Pablo Alperin, John Willinsky, Brian Owen, James MacGregor, Alec Smecher, Kevin Stranack 2018 Public Knowledge Project

The Public Knowledge Project: Reflections And Directions After Two Decades, Juan Pablo Alperin, John Willinsky, Brian Owen, James Macgregor, Alec Smecher, Kevin Stranack

Copyright, Fair Use, Scholarly Communication, etc.

The Public Knowledge Project (PKP) is entering its third decade. Like any project that has been around this long, PKP is facing the substantial responsibilities of maturity, seeking ways that will enable it to best serve the thousands of people who utilize our software to operate and index the journals and presses with which they work. It is out of this sense of responsibility that PKP, in the fall of 2017, submitted a proposal to the Laura and John Arnold Foundation boldly entitled “Sustaining Open Access’ Most Widely Used Publishing Software.” With this planning grant, PKP contracted the consulting services ...


Non-Discrimination And Frand Commitments, Jorge L. Contreras 2018 S.J. Quinney College of Law, University of Utah

Non-Discrimination And Frand Commitments, Jorge L. Contreras

Utah Law Faculty Scholarship

A pledge to license standard essential patents (SEPs) on a non- discriminatory basis is a common element of SDO IPR Policies, part of the larger commitment to license on Fair, Reasonable, and Non- Discriminatory (FRAND) terms. In this chapter we consider what non-discrimination pledges imply for SDO member conduct. We review the basic variants of such pledges, how they may be informed by broader legal and economic defi nitions of discrimination, and recent cases and agency guidance interpreting such commitments. We conclude with open questions regarding the legal implications of non-discriminatory licensing pledges.


Pathways To Open Access, University of California Libraries 2018 University of Nebraska - Lincoln

Pathways To Open Access, University Of California Libraries

Copyright, Fair Use, Scholarly Communication, etc.

Pursuant to the University of California (UC) Council of University Librarian’s (CoUL)1 3 August 2017 charge, this Pathways to OA Working Group2 has identified the current universe of Open Access (OA) approaches, and has analyzed the suite of strategies available for effectuating those approaches. Each approach described within this Pathways document offers unique and, in some cases, overlapping challenges, opportunities, and room for experimentation. The strategies examined here create space and freedom for the campuses to pursue both individualized and connected paths toward a large-scale transition to OA—though as we highlight below, collective action on implementing the ...


Ontario's New Invasion Of Privacy Torts: Do They Offer Monetary Redress For Violations Suffered Via The Internet Of Things?, Sarit K. Mizrahi 2018 University of Ottawa

Ontario's New Invasion Of Privacy Torts: Do They Offer Monetary Redress For Violations Suffered Via The Internet Of Things?, Sarit K. Mizrahi

Western Journal of Legal Studies

In the age of the Internet of Things, we are all susceptible to countless privacy violations. Society’s prevalent use of interconnected devices enables companies to collect and manipulate users’ personal data for their own monetary benefits. While the law grapples with how best to protect users from such privacy risks, another significant danger has emerged: by besting the often-weak security measures employed by companies that create interconnected devices, hackers can compromise the integrity of these electronics by remotely accessing them. This allows hackers to gain unauthorized access to the personal data of users and potentially hold their devices for ...


What Is (And Isn't) Fair Use In Music Sampling?, Devin McKinney 2018 Gettysburg College

What Is (And Isn't) Fair Use In Music Sampling?, Devin Mckinney

Musselman Library Staff Publications

"Fair use" is a principle embedded in copyright law which permits -- under circumstances governed by a set of considerations commonly known as "the four factors" -- the borrowing of material from copyrighted works to create new works. Created for Fair Use Week 2018, this poster highlights the principle as it has applied to three controversial cases involving music sampling. For each case, the observer is given the essential facts; shown which of the four factors (represented by icons) were most central; and told the real-world outcome of each case. As an interactive display, the poster covered each "Outcome" column with a ...


Fair Use And Social Media, John Dettinger 2018 Gettysburg College

Fair Use And Social Media, John Dettinger

Musselman Library Staff Publications

This poster was created in a collaborative effort by Musselman Library’s Copyright Committee as part of a display for Fair Use Week 2018. The poster was intended to get viewers to think about the 4 factors of fair use in the context of two art projects that used social media photos: Yolocaust by Shahak Shapira and New Portraits by Richard Prince. It was also intended to get viewers thinking about the ways their social media content might get used beyond the original intention.


By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson 2018 Texas A&M University School of Law

By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson

Brian Larson

By June of 2017, Facebook had two billion (that’s billion, with a ‘b’) users accessing it per month (Balakrishnan 2017). Facebook believes that each of those consumer end-users is bound by its end-user license agreement (EULA), which Facebook calls a “Statement of Rights and Responsibilities,” available to end-users from a small link in light gray text called “Terms” on every Facebook page. EULAs like this, associated with websites, mobile apps, and consumer goods with embedded software, and styled “terms of service,” “terms of use,” etc., may purport to impose a wide variety of contractual obligations on consumers, for example ...


Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian 2018 American University Washington College of Law

Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian

Sustainable Development Law & Policy

No abstract provided.


How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook 2018 American University, Washington College of Law

How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook

Sustainable Development Law & Policy

No abstract provided.


The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan 2018 American University, Washington College of Law

The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan

Sustainable Development Law & Policy

No abstract provided.


This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh 2018 American University, Washington College of Law

This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh

Sustainable Development Law & Policy

No abstract provided.


Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose 2018 American University Washington College of Law

Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose

Sustainable Development Law & Policy

No abstract provided.


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