Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones
UIC Law Review
No abstract provided.
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', 2010 Osgoode Hall Law School of York University
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig
Articles & Book Chapters
The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of "prescriptive parallelism" according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity …
Valuing Intellectual Property: An Experiment, 2010 Duke Law School
Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …
Book Review: Reviewing Part Iii Of Innovation For The 21st Century: Harnessing The Power Of Intellectual Property And Antitrust Law, 2010 University of Missouri School of Law
Book Review: Reviewing Part Iii Of Innovation For The 21st Century: Harnessing The Power Of Intellectual Property And Antitrust Law, Dennis D. Crouch
I have very much enjoyed reading Professor Michael Carrier's important new book on the intersection of law and innovation, and greatly appreciate his contributions to the field. In this short essay, I will focus my discussion on my sole area of expertise—patent law. Carrier takes-on the subject of patents in Part III of his book. I agree with most of what Carrier writes. To make this essay more interesting, I focus on some of our areas of apparent disagreement.
The Canadian Public Domain: What, Where, And To What End?, 2010 Osgoode Hall Law School of York University
The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig
Articles & Book Chapters
This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a reasonably comprehensive but concise review of the academic public domain movement, which has been directed towards substantiating and politicizing the concept of the public domain, second, I hope to re-situate …
Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, 2010 Dalhousie University Schulich School of Law
Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, Jonathon Penney
Articles, Book Chapters, & Popular Press
Theories abound about how to understand and explain the development copyright law. Few, however, have focused specifically on the development of secondary liability in digital copyright law. Fewer still have analyzed or theorized the factors that may have driven or influenced that development, particularly judicial reasoning, beyond the obvious point that technology or the Internet has played a role. This essay aims to help fill this gap by investigating the nature of judicial reasoning about technology in secondary liability and digital copyright cases. I will argue that two underlying and competing approaches to technology have deeply influenced judicial reasoning and …
Fixing Ram Copies, 2010 University of Michigan Law School
Fixing Ram Copies, Aaron Perzanowski
Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply the …
Patent Pools, Rand Commitments, And The Problematics Of Price Discrimination, 2010 University of Michigan - Ann Arbor
Patent Pools, Rand Commitments, And The Problematics Of Price Discrimination, Daniel A. Crane
The social welfare problematics of patent pooling by competitors are well known. Competitor patent pooling has the potential to create powerful efficiencies by eliminating holdout problems and blocking positions and reducing transactions costs from licensing negotiations. At the same time, competitors can use patent pools to cartelize in a variety of ways, for example by fixing prices, entrenching patents of dubious validity, and discouraging rivalry for innovation. Determining legal norms capable of capturing the efficiencies without enabling cartels has not proven easy.
Perhaps because of the practical difficulty of separating pro-competitive from anticompetitive pools, antitrust scrutiny has swung from extreme …
The Invention Of Common Law Play Right, 2010 University of Michigan Law School
The Invention Of Common Law Play Right, Jessica D. Litman
This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …
Grey Literature In Library And Information Studies, 2010 GreyNet International
Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel
Copyright, Fair Use, Scholarly Communication, etc.
Introduction Grey Literature (Farace and Schöpfel)
Part I – Producing, Processing, and Distributing Grey Literature
Section One: Producing and Publishing Grey Literature
Chapter 1 Grey Publishing and the Information Market: A New Look at Value Chains and Business Models (Roosendaal)
Chapter 2 How to assure the Quality of Grey Literature: the Case of Evaluation Reports (Weber)
Chapter 3 Grey Literature produced and published by Universities: A Case for ETDs (Južni)
Section Two: Collecting and Processing Grey Literature
Chapter 4 Collection building with special Regards to Report Literature (Newbold and Grimshaw)
Chapter 5 Institutional Grey Literature in the University Environment …
Privilege And Property: Essays On The History Of Copyright, 2010 University of Glasgow
Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently
Copyright, Fair Use, Scholarly Communication, etc.
Includes sixteen essays on the origins of copyright.
What is Copyright History?
History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, 2010 Allard School of Law at the University of British Columbia
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds
All Faculty Publications
Networked digital technologies have given Canadians the opportunity to engage with culture in a way that has never before been possible. Empowered and inspired, individuals from Prince George to the Georgian Bay to George Street are rejecting their former role as passive consumers of culture in order to participate in a continuing process of cultural (re)creation, production, and dialogue. One way in which they are doing so is by engaging in the transformative use of existing expression, a type of creative activity in which previously existing expression is reworked for a new purpose, with new interpretations or with a new …
The Copyright Principles Project: Directions For Reform, 2010 University of Michigan Law School
The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project
Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range of uses of creative works of authorship, and, in so doing, it helps educate our populace, enrich our culture, and promote free speech, free expression, and democratic values. It provides opportunities for rights holders to recoup investments in creating and disseminating their works and to enjoy the fruits of whatever success arises from the public's uses of their works. In the process, copyright also plays a role in regulating new technologies and services through which creative works may be accessed. A well-functioning …
Real Copyright Reform, 2010 University of Michigan Law School
Real Copyright Reform, Jessica D. Litman
A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright …
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, 2010 Boston University School of Law
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …
The Microsoft Chronicles, 2010 New York Law School
The Microsoft Chronicles, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
The U.S. Experience With Copyright Formalities: A Love/Hate Relationship, 2010 Columbia Law School
The U.S. Experience With Copyright Formalities: A Love/Hate Relationship, Jane C. Ginsburg
Copyright formalities – conditions precedent to the existence or enforcement of copyright, such as provision of information about works of authorship that will put the public on notice as to a work’s protected status and its copyright ownership, or deposit of copies of the work for the national library or other central authority, or local manufacture of copies of works of foreign origin – have performed a variety of functions in US copyright history. Perhaps of most practical importance today, formalities predicate to the existence or enforcement of copyright can serve to shield large copyright owners who routinely comply with …
"The Sole Right ... Shall Return To The Authors": Anglo-American Authors' Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg
The rise in the seventeenth and eighteenth centuries of a professional class of writers stimulated authors' demands for better remuneration from their writings. The increase in authors who sought to live from their work, rather than from patronage or personal fortune, likely provided at least one impulse for the author-protective provisions of the 1710 Statute of Anne. Under the regime of printing privileges that preceded the Statute of Anne, authors generally received from publisher-booksellers a one-time payment, made when the authors surrendered their manuscripts for publication. Authors whose works enjoyed particularly high demand might negotiate additional payments for new editions …
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, 2010 University of Maryland Francis King Carey School of Law
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks
Journal of Business & Technology Law
No abstract provided.
International Issues: Which Country's Law Applies When Works Are Made Available Over The Internet, 2010 Columbia Law School
International Issues: Which Country's Law Applies When Works Are Made Available Over The Internet, Jane C. Ginsburg
My topic is International Implications, a topic that would not exist but for the Internet. When access to archival materials was on a physical basis, patrons came to the archive and consulted the material on site; the material did not leave the archive, much less get sent overseas. Even digitized materials, if consulted on site, do not present the problems that arise if the archives puts this material on a website, which is accessible around the world, that ubiquity being the default condition ofthe Internet.
Let us consider some problems that might arise and which have international consequences. First of …