Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Commons

Open Access. Powered by Scholars. Published by Universities.®

5,766 Full-Text Articles 4,128 Authors 2,249,109 Downloads 113 Institutions

All Articles in Intellectual Property

Faceted Search

5,766 full-text articles. Page 1 of 118.

Silent Similarity, Jessica Litman 2015 SelectedWorks

Silent Similarity, Jessica Litman

Jessica Litman

From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form -- silent movies -- had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases – in particular, Nichols v. Universal Pictures – are canonical today. They are not, however, well-understood. In particular, the ...


Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp 2015 University of Iowa

Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp

Herbert Hovenkamp

Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and the patent system have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University Thomas R. Kline School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Fetishizing Copies, Jessica Litman 2015 SelectedWorks

Fetishizing Copies, Jessica Litman

Jessica Litman

The most important reason we have copyright laws is to encourage authors to create new works and communicate them to the public. The most important reason we want them to do that is because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works ...


Patented Standards: In Search For Co-Existence, Tyrone Berger 2015 SelectedWorks

Patented Standards: In Search For Co-Existence, Tyrone Berger

Tyrone Berger

This article investigates some key problems surrounding patented standards and technological standardisation. It surveys two emerging conflicts, namely patent hold-up and patent ambush, in light of potential anticompetitive conduct by industry participants in the development of a technical standard. A paired relationship is fostered when proprietary rights, such as patents, are adopted in a standard. For example, when new knowledge is generated through research and development, it is captured and widely distributed to the market, via standards, ensuring equal access to the new technology. However, a key concern is that this consensus-based practice may provide companies with a degree of ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan 2014 University of Georgia School of Law

The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of The 'Technology Transfer Surplus' On The Trade Deficit With Japan And Its Cures, M. Brendan Chatham 2014 University of Georgia School of Law

The Impact Of The 'Technology Transfer Surplus' On The Trade Deficit With Japan And Its Cures, M. Brendan Chatham

Georgia Journal of International & Comparative Law

No abstract provided.


The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp 2014 University of Iowa

The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp

Herbert Hovenkamp

For a century and a half the Supreme Court has described perceived patent abuses as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, has been applied to both government and private activity and has many different meanings. It has been used offensively to conclude that certain patent uses are unlawful because they extend beyond the scope of the patent. It is also used defensively, however, to characterize activities as lawful if they do not extend beyond the patent's scope. In the first half of the twentieth ...


Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett 2014 The Catholic University of America, Columbus School of Law

Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett

Catholic University Law Review

Trademark tacking allows a mark owner to adjust her mark without losing protection. The test for determining whether tacking is appropriate is whether the new mark is the legal equivalent of the old. This equivalency is measured by evaluating the continuing commercial impression created by the marks. A circuit split has developed over whether this test is a question of law or a question of fact. This Comment argues that the continuing commercial impression test is ill-suited to be measured as a question of law. Initially, this Comment focuses on how commercial impression is a fact-based inquiry and should be ...


Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman 2014 University of Florida Levin College of Law

Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman

Florida Law Review

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their real-life counterparts. For example, in NCAA Football 12, the avatar that represents University of Florida running back Chris Rainey possesses Chris Rainey’s actual height, weight, skin complexion, and hair style. In addition, both Chris Rainey and his virtual counterpart wear the same jersey number, visor, gloves, and sweatbands.

Recently, Pulitzer Prize-winning journalist Taylor ...


Competitive Patent Law, William Hubbard 2014 University of Florida Levin College of Law

Competitive Patent Law, William Hubbard

Florida Law Review

Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must “out-innovate . . . the rest of the world,” and that patent reform is a “critical dimension[]” of this innovation agenda. Soon thereafter, Congress enacted the most sweeping reforms to U.S. patent law in more than half a century, contending that the changes will “give American inventors and innovators the 21st century patent system they need to compete.” Surprisingly, no legal scholar has assessed whether patent reform is capable of making American firms more ...


Establishing An Indirect Liability System For Digital Copyright Infringement In China: Experience From The United States’ Approach, XIAO MA 2014 SelectedWorks

Establishing An Indirect Liability System For Digital Copyright Infringement In China: Experience From The United States’ Approach, Xiao Ma

XIAO MA

No abstract provided.


Case Law Update On Design Patents, Sarah Burstein 2014 University of Oklahoma College of Law

Case Law Update On Design Patents, Sarah Burstein

Sarah Burstein

No abstract provided.


Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner 2014 Touro College Jacob D. Fuchsberg Law Center

Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner

Touro Law Review

No abstract provided.


Mastering Patent Claim Construction: A Patent Special Master's Perspective, Robert J. Rando 2014 Touro College Jacob D. Fuchsberg Law Center

Mastering Patent Claim Construction: A Patent Special Master's Perspective, Robert J. Rando

Touro Law Review

No abstract provided.


Mega, Digital Storage Lockers, And The Dmca: Will Innovation Be Stifled By Fears Of Privacy?, Ali V. Mirsaidi 2014 Duke Law

Mega, Digital Storage Lockers, And The Dmca: Will Innovation Be Stifled By Fears Of Privacy?, Ali V. Mirsaidi

Duke Law & Technology Review

Kim Dotcom, founder of Megaupload Limited, has been in many news headlines over the past year. Megaupload—one of Dotcom’s many peer-to-peer sharing sites—was the center of controversy, as it allowed users to upload and share all sorts of files, including copyrighted material. After an organized effort by the Department of Justice and several foreign governments, Dotcom was arrested for (secondary) copyright infringement and his site was ultimately shut down. Dotcom has recently launched a new service, MEGA, which he claims will evade copyright laws entirely. Like other well-known cloud-sharing services such as Dropbox and Google Drive, MEGA ...


Champagne Or Champagne? An Examination Of U.S. Failure To Comply With The Geographical Provisions Of The Trips Agreement, Leigh Ann Lindquist 2014 University of Georgia School of Law

Champagne Or Champagne? An Examination Of U.S. Failure To Comply With The Geographical Provisions Of The Trips Agreement, Leigh Ann Lindquist

Georgia Journal of International & Comparative Law

No abstract provided.


2013 National Lawyers Convention: Intellectual Property: Intellectual Property, Free Markets, And Competition Policy, John F. Duffy, Richard A. Epstein, Joshua D. Sarnoff, Joshua D. Wright, Douglas Ginsburg 2014 Hamline University

2013 National Lawyers Convention: Intellectual Property: Intellectual Property, Free Markets, And Competition Policy, John F. Duffy, Richard A. Epstein, Joshua D. Sarnoff, Joshua D. Wright, Douglas Ginsburg

Hamline Law Review

abstract


Digital Commons powered by bepress