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When Trade Secrecy Goes Too Far: Public Health And Safety Should Trump Corporate Profits, Julie Zink
When Trade Secrecy Goes Too Far: Public Health And Safety Should Trump Corporate Profits, Julie Zink
School of Law Faculty Publications
This Article addresses the historical and ongoing use of trade secrets to withhold critical information from the public. Through its text and footnotes, the Article discusses the positives and negatives of trade secret protection; addresses historical and current examples of trade secret abuse; analyzes the inadequate solutions that have been tried and proposed; and, ultimately, recommends changing trade secret law by incorporating the precautionary principle into the definition of a trade secret to ensure that protection will no longer be available for information that endangers public health. This Article is both timely and necessary, as the public is continually bombarded …
Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly
School of Law Faculty Publications
When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …