Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy,
2014
SelectedWorks
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Samuel H Jones
The 1976 Copyright Act created what is now commonly known as the termination right, which allows authors to unilaterally terminate prior grants of their copyrights and reclaim ownership. This right was created, in large part, to liberate authors from unremunerative agreements previously entered into when the value of their copyrighted works had not yet been realized. It can be a powerful tool for authors to leverage more favorable agreements than they were previously able, particularly when those copyrights are highly valued. To ensure authors’ ability to exercise this right, Congress enacted provisions in the 1976 Copyright Act that prohibit authors …
Cognitive Economy And The Trespass Fallacy: A Response To Professor Mossoff,
2014
Texas A&M University School of Law
Cognitive Economy And The Trespass Fallacy: A Response To Professor Mossoff, Saurabh Vishnubhakat
Faculty Scholarship
In his recent essay The Trespass Fallacy in Patent Law, Professor Adam Mossoff argues cogently that the metaphor of trespass has become a misused basis for patent indeterminacy critiques that it cannot conceptually or empirically support. While sharing his caution that metaphors are not to be trifled with, this reply suggests that trespass has both a smaller role and a larger potential benefit in the debate on patent indeterminacy, and advances an opposite solution.
The Number Of Scholarly Documents On The Public Web,
2014
Pennsylvania State University
The Number Of Scholarly Documents On The Public Web, Madian Khabsa, C. Lee Giles
Copyright, Fair Use, Scholarly Communication, etc.
The number of scholarly documents available on the web is estimated using capture/recapture methods by studying the coverage of two major academic search engines: Google Scholar and Microsoft Academic Search. Our estimates show that at least 114 million English-language scholarly documents are accessible on the web, of which Google Scholar has nearly 100 million. Of these, we estimate that at least 27 million (24%) are freely available since they do not require a subscription or payment of any kind. In addition, at a finer scale, we also estimate the number of scholarly documents on the web for fifteen fields: Agricultural …
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion,
2014
Touro University Jacob D. Fuchsberg Law Center
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Touro Law Review
No abstract provided.
The Audience In Intellectual Property Infringement,
2014
New York University School of Law
The Audience In Intellectual Property Infringement, Jeanne C. Fromer, Mark A. Lemley
Michigan Law Review
Every intellectual property (“IP”) right has its own definition of infringement. In this Article, we suggest that this diversity of legal rules is largely traceable to differences in the audience in IP cases. Patent, trademark, copyright, and design patent each focus on a different person as the fulcrum for evaluating IP infringement. That patent law, for example, focuses on an expert audience while trademark looks to a consumer audience explains many of the differences in how patent and trademark cases are decided. Expert audiences are likely to evaluate infringement based on the technical similarity between the plaintiff’s and defendant’s works. …
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine,
2014
William & Mary Law School
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine, Pamela Kalinowski
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Intellectual Property Without Borders? The Effect Of Copyright Exhaustion On Global Commerce,
2014
Brigham Young University Law School
Intellectual Property Without Borders? The Effect Of Copyright Exhaustion On Global Commerce, Diepiriye A. Anga
Brigham Young University International Law & Management Review
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Third International Intellectual Property Scholars Roundtable, which was held at the DePaul University College of Law on May 1, 2014.
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement,
2014
William & Mary Law School
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock
William & Mary Law Review
No abstract provided.
Judicial Capacities And Patent Claim
Construction: An Ordinary
Reader Standard,
2014
Unviersity of Chicago Law School
Judicial Capacities And Patent Claim Construction: An Ordinary Reader Standard, Greg Reilly
Michigan Telecommunications & Technology Law Review
Patent claim construction is a mess. The Federal Circuit’s failure to provide adequate guidance has created significant problems for the patent system. The problems with claim construction result from the Federal Circuit’s inability to resolve whether claim terms should be given (1) the general, acontextual meaning they would have to a skilled person in the field; (2) the specific meaning they have in the context of the patent; or (3) some combination of the two. The claim construction debate largely overlooks the generalist judges who must implement claim construction. This Article fills that gap, concluding that existing approaches are difficult, …
Patent Misuse And Antitrust: Rebirth
Or False Dawn?,
2014
John Marshall Law School
Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim
Michigan Telecommunications & Technology Law Review
This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an “antitrust-lite” doctrine by the Federal Circuit. This Article presents new empirical data confirming this reformulation, and unveils the surprising influence of the Seventh Circuit and the Chicago School on that reformulation. The Article then explores Actavis and Kimble. It explains why Actavis will catalyze more antitrust challenges when patent rights are exercised, and why it …
Pay-For-Delay Settlements In The
Wake Of Actavis,
2014
University of Michigan Law School
Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff
Michigan Telecommunications & Technology Law Review
“Pay-for-delay” settlements, also known as reverse payments, arise when a generic manufacturer pursues FDA approval of a generic version of a brand-name drug. If a patent protects the brand-name drug, the generic manufacturer has the option of contesting the validity of the patent or arguing that its product does not infringe the patent covering the brand-name drug. If the generic manufacturer prevails on either of these claims, the FDA will approve its generic version for sale. Approval of a generic version of a brand-name drug reduces the profitability of the brand-name drug by forcing the brand-name manufacturer to price its …
Using Copyright To Combat Revenge Porn,
2014
Georgetown University Law Center
Using Copyright To Combat Revenge Porn, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
Over the past several years, the phenomenon of “revenge porn” – defined as sexually explicit images that are publicly shared online, without the consent of the pictured individual – has attracted national attention. Victims of revenge porn often suffer devastating consequences, including losing their jobs, but have had limited success using tort laws to prevent the spread of their images. Victims need a remedy that provides takedown procedures, civil liability for uploaders and websites, and the threat of money damages. Copyright law provides all of these remedies. Because an estimated 80 percent of revenge porn images are “selfies,” meaning that …
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry,
2014
Selected Works
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
Jade Brewster
This Article examines the practice of cable bundling, a term describing how cable providers offer channels in “packages” of channels rather than allowing consumers to buy channels individually. These cable bundles have been criticized by politicians, academics, and the public alike, many of whom believe cable bundling simultaneously increases the price of cable and forces consumers to pay for programming they neither want nor use. Politicians have responded to these criticisms by advocating for legislation requiring cable companies to offer a la carte pricing options, in which customers can pick and choose individual channels. But evidence that an a la …
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation,
2014
Illinois Institute of Technology
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
Benjamin Boroughf
YouTube prides itself on its automatic copyright detection and filtering program known as Content ID because it goes beyond YouTube’s legal responsibilities under the Digital Millennium Copyright Act and because it allows copyright holders to control and profit from their content. However, Content ID is not the technological paragon YouTube and some scholars see it as. By relying on a system that automatically matches, blocks, and monetizes videos that allegedly contain any amount of infringing content, both YouTube and copyright holders have promoted a system that opposes the Copyright Act and YouTube’s goals of promoting creativity and protecting fair use. …
Do Androids Dream Of Electric Free Speech? Visions Of The Future Of Copyright, Privacy And The First Amendment In Science Fiction,
2014
Texas Christian University
Do Androids Dream Of Electric Free Speech? Visions Of The Future Of Copyright, Privacy And The First Amendment In Science Fiction, Daxton R. Stewart
Daxton "Chip" Stewart
Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. In this essay, these visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy, and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, addressing rights of obscurity in public places threatened by wearable and implantable computing devices, and considering free speech rights of autonomous machines created by humans. In conclusion, the …
Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual,
2014
Selected Works
Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual, Rodolfo C. Rivas Rea, Serah Mutheu Mati
Rodolfo C. Rivas
The authors provide a brief rundown of strategies to protect a wide range of IP rights in cyberspace. The strategies tackle practical advice and suggest a series of progressive actions in order to ensure maximum protection with an efficient use of resources.//////////////////////////////// Los autores proporcionan un breve resumen de las estrategias para proteger una amplia gama de derechos de propiedad intelectual en el ciberespacio. Las estrategias abordan consejos prácticos y sugieren una serie de acciones en orden progresivo con la finalidad de garantizar la máxima protección manteniendo un uso eficiente de los recursos.
The First Sale Doctrine And The Economics Of Post-Sale Restraints,
2014
Brigham Young University Law School
The First Sale Doctrine And The Economics Of Post-Sale Restraints, Ariel Katz
BYU Law Review
The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to …
Protecting The Environment By Addressing Market Failure In Intellectual Property Law: Why Compulsory Licensing Of Green Technologies Might Make Sense In The United States Institutional Religious Exemptions: A Balancing Approach,
2014
Brigham Young University Law School
Protecting The Environment By Addressing Market Failure In Intellectual Property Law: Why Compulsory Licensing Of Green Technologies Might Make Sense In The United States Institutional Religious Exemptions: A Balancing Approach, Adam Gunderson
BYU Law Review
No abstract provided.
China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution,
2014
SelectedWorks
China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution, Ava Farshidi
Ava Farshidi
Infringement over the transliteration, converting text to another script, of well-known marks is a major problem for foreign companies in China. If a multinational company does not create its own Chinese transliteration, the Chinese public may create one, which will ultimately affect the company’s ownership of the mark in a different language. Although China became a member of both the Paris Convention for the Protection of Intellectual Property (“Paris Convention”) and the agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), China has adopted laws that directly conflict with these international guidelines for well-known marks, which has paved the way …
