A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, 2010 University of Georgia
A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley
Kentucky Law Journal
No abstract provided.
The U.S. Experience With Mandatory Copyright Formalities: A Love/Hate Relationship, 2010 Columbia Law School
The U.S. Experience With Mandatory Copyright Formalities: A Love/Hate Relationship, Jane C. Ginsburg
Faculty Scholarship
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 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
Articles
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 …
Unfair Competition And Uncommon Sense, 2010 Georgetown University Law Center
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark law. But …
Copyright Provisions In Law Journal Publication Agreements, 2010 Indiana University - Purdue University Indianapolis
Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele
Library Staff Publications
Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.
Intellectual Property And Antitrust Limits On Contract: Comment, 2010 San Jose State University
Intellectual Property And Antitrust Limits On Contract: Comment, Matthew J. Holian, Neil Nguyen
Matthew J. Holian
In their chapter in Dynamic Competition and Public Policy (2001, Cambridge University Press), Burtis and Kobayashi never defined their model's discount rate, making replicating their simulation results difficult. Through our own simulations, we were able to verify their results when using a discount rate of 0.10. We also identified two new types of equilibria that the authors overlooked, doubling the number of distinct equilibria in the model.
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, 2010 California Western School of Law
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
Faculty Scholarship
The Principles of the Law of Software Contracts, or the "Principles," seek to "unify and clarify" the law of software transactions. The drafters, however, excluded "digital content" from the scope of their project. This Essay explains why the scope of the Principles should encompass digital content. The exclusion of digital content creates two different but related problems. The first problem is that it creates what I refer to as "classification confusion." Given the complexity and speed of technological innovation, the task of distinguishing digital content from software may be difficult for courts. The second problem is that it fails to …
Transborder Licensing: A New Frontier For Job Creation, 2010 California Western School of Law
Transborder Licensing: A New Frontier For Job Creation, Andrea L. Johnson
Faculty Scholarship
This Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.
Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted …
Patent Claim Construction In The Federal Circuit (Co-Editor)., 2009 Chicago-Kent College of Law
Patent Claim Construction In The Federal Circuit (Co-Editor)., David Schwartz
David L. Schwartz
No abstract provided.
Open Content Licensing Of Public Sector Information And The Risk Of Tortious Liability For Australian Governments, 2009 Queensland University of Technology
Open Content Licensing Of Public Sector Information And The Risk Of Tortious Liability For Australian Governments, Cheryl Foong
Cheryl Foong
There has been an increasing interest by governments worldwide in the potential benefits of open access to public sector information (PSI). However, an important question remains: can a government incur tortious liability for incorrect information released online under an open content licence? This paper argues that the release of PSI online for free under an open content licence, specifically a Creative Commons licence, is within the bounds of an acceptable level of risk to government, especially where users are informed of the limitations of the data and appropriate information management policies and principles are in place to ensure accountability for …
Intellectual Property And Consumer Law, 2009 European University of Rome
Intellectual Property And Consumer Law, Andrea Stazi, Davide Mula
Andrea Stazi
Knowledge economy is led by - and leads, at the same time - a sudden and never-ending acceleration of the technological growth and the consequent development of means of social and business relationships. In this framework, the regulation of the suppliers’ right of access to the network and the consumers/users’ right of access to digital works constitutes the main challenge that lawmakers and competent authorities shall undertake. As specifically concerns the business relations between suppliers and consumers, while the former aim at providing goods and services without limits and receiving fair prices for them, the latter look forward to participating …
Calibrating Copyright Statutory Damages To Promote Speech, 2009 Widener Law
Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield
Alan E Garfield
Copyright and the First Amendment exist in tension. The Supreme Court acknowledges this tension but says that copyright law resolves it with two built-in free speech safeguards: (1) by protecting only the expression of ideas and not the ideas themselves (the idea/expression dichotomy); and (2) by allowing the use of expression under certain circumstances (the fair use doctrine). The problem is that these doctrines are notoriously vague, so users often cannot know ex ante whether their uses will be immune from liability. This unpredictably might be tolerable if users could be confident that, if they were subject to liability, any …
D Is For Digitize: An Introduction, 2009 New York Law School
D Is For Digitize: An Introduction, James Grimmelmann
James Grimmelmann
This brief introductory essay reviews the history of D is for Digitize conference on the Google Books settlement and provides an overview of the seven articles in the symposium issue.
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, 2009 Lund University, Faculty of Law
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug
Ulf Maunsbach
No abstract provided.
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (With L. Petherbridge; Forthcoming), 2009 Chicago-Kent College of Law
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (With L. Petherbridge; Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), 2009 Chicago-Kent College of Law
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
Acquiring A Flavor For Trademarks: There’S No Common Taste In The World, 2009 Charleston School of Law
Acquiring A Flavor For Trademarks: There’S No Common Taste In The World, Amanda Compton
Amanda E. Compton
This paper considers the viability of registering “flavor” as a trademark based on the decision in In re N.V. Organon. Nontraditional trademarks have long been accepted in the United States, and the possibility of being able to protect flavor as a trademark is on the horizon. In 2002, N.V. Organon, a global manufacturer of an array of prescription medicines, filed a trademark application to register “an orange flavor” for “pharmaceuticals for human use, namely, antidepressants in quick-dissolving tablets and pills.” The Examining Attorney refused registration on two grounds: (1) the matter failed to function as a trademark; and (2) the …
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), 2009 Chicago-Kent College of Law
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
Edward Lee
This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.
The Intellectual Property Landscape For Ips Cells, 2009 University of California, Hastings
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
Robin C Feldman
Patent Challenges And Royalty Inflation, 2009 Villanova University School of Law
Patent Challenges And Royalty Inflation, Michael Risch
Michael Risch
Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing. This inalienability of patent challenge rights comes at a cost, a cost borne by many patent licensees and their …