Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis,
2015
The University of Akron
Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis, Ofer Tur-Sinai
Akron Law Review
This Article challenges this one-dimensional approach and calls for a more frequent use of non-utilitarian considerations in discussions of the patent system. To be sure, this Article does not call for the complete abolition of economic analysis of patent law, which, despite its shortcomings, remains the most important tool in the evaluation of legal rules in this arena, where the vast majority of the players are motivated primarily by economic considerations. However, it does call for a broader use of non-economic considerations, particularly those embedded in the labor theory and the personality theory, alongside the economic analysis. As will be …
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms,
2015
The University of Akron
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance
Akron Law Review
This article compares the approaches which different federal courts have adopted to address the distinctiveness of abbreviations where the underlying expression or information conveyed by the abbreviation is unprotectable either because it is generic or because it is descriptive and lacks secondary meaning. While this study is not intended as a comprehensive survey, it is designed to highlight the inconsistencies in approaches. The article concludes with some observations about the patterns and trends emerging from the unsettled decisional law.
Second Level Agreements,
2015
The University of Akron
Second Level Agreements, Yafit Lev-Aretz
Akron Law Review
This Article analyzes in-depth a significant practice that has not been recognized in legal scholarship. Their unique structure and the way in which Second Level Agreements have developed within the relatively short time of their existence have important consequences for the various players in the copyright market...The Article also offers a normative assessment of the benefits and shortcomings of the Second Level Agreements practice...The Article then carefully looks at the future of Second Level Agreements while reviewing four potential catalysts—the shift towards premium content, the Viacom v. Google ruling, the move towards disintermediation, and the rise of noncommercial licensing system. …
Sirius Xm Radio, Inc., Defendant: The Case For A Unified Federal Copyright System For Sound Recordings,
2015
Pace University School of Law
Sirius Xm Radio, Inc., Defendant: The Case For A Unified Federal Copyright System For Sound Recordings, Brian G. Shaffer
Pace Law Review
This article observes the surviving gap between state and federal protection of music recordings through the lens of the current litigation against Sirius XM. Part II sets out a history of copyright protection in the music industry. Part III outlines the relevant provisions of the federal Copyright Act and the Digital Millennium Copyright Act and the role played in the federal system by the Copyright Royalty Board. Part IV examines the pertinent statutory property protection of music recordings in the state of California. Part V then discusses the merits of the current lawsuits against Sirius XM. After considering the potential …
Copyright Protection Of Photographs Post-2012,
2015
Western University
Copyright Protection Of Photographs Post-2012, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
When Nominal Is Reasonable: Damages For The Unpracticed Patent,
2015
Cornell Law School
When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak
Oskar Liivak
To obtain a substantial patent damage award a patentee need not commercialize the patented invention; the patentee need only show that its patent was infringed. This surely incentivizes patenting but it dis-incentivizes innovation. Why commercialize yourself? The law allows you to wait for others to take the risks, and then you emerge later to lay claim to “in no event less than a reasonable” fraction of other people’s successes. It is rational to be a patent troll rather than an innovator. This troll-enabling interpretation of patent law’s reasonable royalty provision, however, is wrong as a matter of patent policy. Surprisingly, …
Ola Spring Copyright Symposium,
2015
Western University
Ola Spring Copyright Symposium, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Freedom In My Heart,
2015
Software Freedom Conservancy
Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies,
2015
The Catholic University of America, Columbus School of Law
Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern
Catholic University Law Review
In an ever-changing technological landscape, strictly adhering to the language and definitions of the Copyright Act in cases involving emerging technologies may contravene the purpose and intent of copyright law. However, the Supreme Court’s 2014 opinion in American Broadcasting Cos. v. Aereo Inc. puts forth a commercial interest rationale that suggests copyright infringers may no longer be able to avoid liability based on perceived technological loopholes that have typically absolved online infringers of infringement liability. This Note argues that Aereo’s commercial interest rationale paves the way for a new approach to technologically complex copyright cases, particularly where in-line linking …
Trade Secrets Registry,
2015
Sha'arei Mishpat College of Law
Trade Secrets Registry, Chagai Vinizky
Pace Law Review
The present article considers four aspects in which the trade secret method is less efficient than the patents method: litigation costs, transaction costs, financing costs, and employment costs. The main part of the article is devoted to the proposal of establishing a particular type of trade secrets registry, with the intention that it will reduce the above-mentioned costs and will improve the efficiency of the trade secret method. I propose a structure for the registration of trade secrets that is likely to solve most of the problems left unresolved by the escrow companies and the Indonesian legislation. A trade secret …
Managing Change In The Copyright Environment,
2015
Western University
Managing Change In The Copyright Environment, Margaret Ann Wilkinson, Rob Tiessen
Law Presentations
Copyright holders and their agents intersect with libraries on many levels and in many ways. Many are represented by collective organizations. These organizations can sell individual licenses to uses of their works, or sell blanket licenses to packages of uses, or, indeed, apply to the Canadian Copyright Board to have tariffs imposed upon entire classes of libraries or institutions operating libraries. While the ways in which copyrighted materials are offered to libraries does not lie within a library's control, the response to a given offering does. This presentation will discuss the range of possible reactions to overtures from publishers, collectives …
Trade Secret Hacking, Online Data Breaches, And China's Cyberthreats,
2015
Texas A&M University School of Law
Trade Secret Hacking, Online Data Breaches, And China's Cyberthreats, Peter K. Yu
Faculty Scholarship
Online hacking from China, Iran, North Korea, Russia, and other parts of the world has caught the attention of U.S. policymakers, commentators, and the American public. For example, the discussion of the systematic attacks launched by potentially government-sponsored Chinese hackers reinforces the view that China is using all means necessary to compete against the United States. Most recently, the unprecedented cyberattack on Sony's movie studio also delayed and scaled back the nationwide theatrical release of the film The Interview. This attack led President Obama to call for greater cooperation between the government and the private sector to protect cybersecurity and …
Genie In The Bottle: Intellectual Property Legislation And The Flow Of Information,
2015
Western University
Genie In The Bottle: Intellectual Property Legislation And The Flow Of Information, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Keeping Up With Copyright,
2015
Western University
Keeping Up With Copyright, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Copyright: Robertson V Thomson,
2015
Western University
Copyright: Robertson V Thomson, Margaret Ann Wilkinson
Margaret Ann Wilkinson
Members of the CLA Copyright Working Group will provide an update on both the Robertson vs. Thomson Corporation Supreme Court Judgment and the expected copyright legislation, as well as their implications for libraries of all kinds. In addition to analyzing the implications of both the recent Supreme Court Judgment and the proposed copyright legislation, time will be provided to answer copyright questions from the audience.
Collective Rights Management Of Copyright In Canada,
2015
Western University
Collective Rights Management Of Copyright In Canada, Margaret Ann Wilkinson, Joan Dalton, Victoria Owen
Margaret Ann Wilkinson
No abstract provided.
Copyright Update 2011,
2015
Western University
Copyright Update 2011, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Licenses, Tariffs And Copyright In Canadian Libraries,
2015
Western University
Licenses, Tariffs And Copyright In Canadian Libraries, Margaret Ann Wilkinson, Rob Tiessen, John Tooth
Margaret Ann Wilkinson
No abstract provided.
Copyright In 2012 Workshop,
2015
Western University
Copyright In 2012 Workshop, Margaret Ann Wilkinson, Rob Tiessen
Margaret Ann Wilkinson
No abstract provided.
Rights, Not Gifts, For Trusted Intermediaries,
2015
Western University
Rights, Not Gifts, For Trusted Intermediaries, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
