Table Of Content, 2015 Marquette University Law School
Brands, Morality And Public Policy: Some Reflections On The Ban On Registration Of Controversial Trademarks, 2015 Marquette University Law School
Brands, Morality And Public Policy: Some Reflections On The Ban On Registration Of Controversial Trademarks, Enrico Bonadio
Marquette Intellectual Property Law Review
None
Can The Pto Find Its Way With Jesus?, 2015 Marquette University Law School
Can The Pto Find Its Way With Jesus?, Lee B. Burgunder
Marquette Intellectual Property Law Review
None
A Presidential Remedy Under Administrative Control—Why Section 337(J) Should Be Repealed, 2015 Marquette University Law School
A Presidential Remedy Under Administrative Control—Why Section 337(J) Should Be Repealed, Nicolaas T. Bressers
Marquette Intellectual Property Law Review
None
Notice And Supplemental Registration: Why The Copyright Office Must Update Its Policies Surrounding Author Notice, 2015 Marquette University Law School
Notice And Supplemental Registration: Why The Copyright Office Must Update Its Policies Surrounding Author Notice, Erin E. Kaprelian
Marquette Intellectual Property Law Review
None
The End Of The "Wild West" For Software Patents—Does The Patents Act 2013 Change New Zealand's Treatment Of Software Patents From Permissive To Restrictive?, 2015 Marquette University Law School
The End Of The "Wild West" For Software Patents—Does The Patents Act 2013 Change New Zealand's Treatment Of Software Patents From Permissive To Restrictive?, Erin E. Block
Marquette Intellectual Property Law Review
None
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, 2015 University of Pittsburgh School of Law
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian
Articles
Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work — work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement …
Steps Towards An Alignment Of Intellectual Property In South-South Exchanges: A Return To Trips, 2015 Saint Louis University School of Law
Steps Towards An Alignment Of Intellectual Property In South-South Exchanges: A Return To Trips, Ana Santos Rutschman
All Faculty Scholarship
Some of the most instrumental players in shaping the course of intellectual property policies in the South are the so-called BRIC countries. The acronym BRIC originally encompassed Brazil, Russia, India and China. In 2011, South Africa formally joined the BRIC countries, which are now referred to either by the original acronym or by BRICS. While categorizations like BRICS attract a fair amount of criticism, with questions surrounding the criteria used to aggregate disparate economies, the concept of emerging economies in the South seeking to advance similar development agendas has become accepted currency in multiple fields, from institutional cooperation to financial …
When Does Copyright Law Require Technology Blindness? Aiken Meets Aereo, 2015 Saint Louis University School of Law
When Does Copyright Law Require Technology Blindness? Aiken Meets Aereo, Yvette Joy Liebesman
All Faculty Scholarship
Within the Copyright Act, innovation and technological advances are the bases for the enactment or amendment of many sections. Technology is often fundamental to the language of the section, and the underlying technology matters even when it is paired with a technology-neutral section. And because technology matters, how it functions could be essential in resolving a copyright infringement dispute.
One such provision, 17 U.S.C. § 110(5), allows small businesses to “publicly perform” copyrighted music via a radio, as long as certain conditions regarding the equipment used are met. Only small businesses are eligible, and the proprietors can only use systems …
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, 2015 University of Richmond
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher
Law Student Publications
This comment considers recent cases interpreting the Digital Millennium Copyright Act ("DMCA") and urges Congress to expand the protection of service providers through the DMCA safe harbors. The comment proceeds in six parts. Part I explains contributory and vicarious liability, the applicable sections of the DMCA to this comment, and the fair use doctrine. Part II provides a brief overview of video-sharing websites. It further observes the impact that video-sharing websites have had on digital media, focusing on the impact on the music industry. Part III looks at the recent cases interpreting the DMCA's red flag exception to safe harbor …
Comments: Not All Is Fair (Use) In Love And War: Copyright Law And Revenge Porn, 2015 University of Baltimore School of Law
Comments: Not All Is Fair (Use) In Love And War: Copyright Law And Revenge Porn, Kaitlan M. Folderauer
University of Baltimore Law Review
No abstract provided.
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, 2015 University of Richmond School of Law
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher
University of Richmond Law Review
No abstract provided.
Patent Stewardship, Choice Of Law, And Weighing Competing Interests, 2015 Southern Methodist University, Dedman School of Law
Patent Stewardship, Choice Of Law, And Weighing Competing Interests, David O. Taylor
Faculty Journal Articles and Book Chapters
Xuan-Thao Nguyen’s recent article, "In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law", is important for at least two potential reasons that Nguyen herself highlights. First, to the extent that the Federal Circuit’s decisions related to commercial law differ from state courts’ decisions related to commercial law, it might call into question the Federal Circuit’s competency with respect to commercial law. And, second, it certainly highlights something that practitioners might need to know to adapt their advice and strategies for reaching their clients’ desired ends. But Nguyen’s critique is important for a third reason. Assuming the …
Patent Boundaries, 2015 The Catholic University of America, Columbus School of Law
Patent Boundaries, Elizabeth I. Winston
Scholarly Articles
A patent grants a limited right to exclude others from practicing an invention within the United States, its territories and possessions. Much has been written about the limits of the patent grant and how to determine what the protected invention may be. At the same time, scholars have not systemically analyzed the geographic limitations of United States patents, a critical component of a patentee’s limited right. A patent’s geographical scope is not simple to discern. Commentators have neither analyzed the patent boundaries collectively nor delineated the scope of patent sovereignty on land, in the air and at sea. Technology has …
Masthead, 2015 Case Western Reserve University School of Law
Masthead, Volume 6 Issue 1
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 6 Issue 1 (2015-2016), 2015 Case Western Reserve University School of Law
Volume 6 Issue 1 (2015-2016), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Fracking Fad: The Morally Ambiguous Method Of Extraction And The Trade Secret Protections Of Its Chemical Formulas, 2015 Case Western Reserve University School of Law
Fracking Fad: The Morally Ambiguous Method Of Extraction And The Trade Secret Protections Of Its Chemical Formulas, Vince Villio
Journal of Law, Technology, & the Internet
"Hydraulic fracturing (“fracking”) has taken the nation’s political soapbox by storm in the last decade, despite being in practice since the mid-20th century. The recent surge of debate comes from an increasing amount of states passing regulatory schemes for when fracking is used in the extraction of natural gas and other energy producing materials. The regulation of energy extraction has been and continues to be a state issue rather than federal. One of the major concerns of the energy industry with new regulation is the increasing demand for disclosure of the chemicals and processes used in fracking, something the industry …
The Critical Role Of Patents In The Development, Commercialization And Utilization Of Innovative Genetic Diagnostic Test And Personalized Medicine, 2015 University of Missouri - Kansas City, School of Law
The Critical Role Of Patents In The Development, Commercialization And Utilization Of Innovative Genetic Diagnostic Test And Personalized Medicine, Christopher M. Holman
Faculty Works
Arguments in favor of reining in the availability of effective patent protection in the area of genetic diagnostic testing are based largely on two fundamental misconceptions regarding the role of patents in this important area of technological innovation. The first is the mistaken assumption that patents negatively impact patient access to genetic diagnostic testing by preventing research that might lead to new or improved versions of a genetic test and by increasing the cost of testing services. The second is the failure to appreciate the substantial positive role patents play in in the development and utilization of genetic diagnostic tests. …
Foresight Bias In Patent Law, 2015 Vanderbilt University Law School
Foresight Bias In Patent Law, Sean B. Seymore
Vanderbilt Law School Faculty Publications
Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is often ignored in discussions about raising patentability standards is that high-quality inventions can slip through the cracks. What is more troubling is that sometimes this happens because of bias. This Article draws attention to foresight bias, which occurs when a decision-maker lets over-pessimism and an oversimplified view of the future influence the patentability determination. Foresight bias leads to a patent denial regardless of the …
Understanding Rights Reversion: When, Why, & How To Regain Copyright And Make Your Book More Available, 2015 Samuelson Law, Technology, and Public Policy Clinic
Understanding Rights Reversion: When, Why, & How To Regain Copyright And Make Your Book More Available, Nicole Cabrera, Jordyn Ostroff, Brianna Schofield
Copyright, Fair Use, Scholarly Communication, etc.
Are you an author who would like to increase your book’s availability? Have you already entered into a publishing agreement for your book? If you answered “yes” to both of these questions, then read on! This guide addresses the needs of authors who wish to make their works available to a wider audience in ways that may be prohibited by the terms of their existing publishing agreements.
For example, this guide will help authors who want to do things like: • Bring their out-of-print books back into print • Publish digital versions of their books • Make their books openly …