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Articles 1 - 14 of 14
Full-Text Articles in Law
Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji
Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji
Indiana Journal of Global Legal Studies
No abstract provided.
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Scholarship Chronologically
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
Scholarship Chronologically
Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
Faculty Scholarship
Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …
Music, Money, And The Middleman: The Relationship Between The Songwriter And The Publisher, Cornelius Cowles
Music, Money, And The Middleman: The Relationship Between The Songwriter And The Publisher, Cornelius Cowles
Vanderbilt Journal of Entertainment & Technology Law
Money, along with creative drive and the chance to work in an exciting industry, push the publisher and songwriter both. This article seeks to help the songwriter under-stand the role of the music publisher, an indispensable and unavoidable part of the country music industry. It examines the songwriter-publisher relationship from the perspective of those people active in the industry and examines criticism of the publisher's role. It further analyzes the typically thorny legal and contractual issues faced by the songwriter in negotiating an exclusive songwriting agreement with the publisher. Finally, recognizing the special role of songwriters in Nashville, it addresses …
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Scholarship Chronologically
Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
LLM Theses and Essays
The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …
The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim
The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack
The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Faculty Scholarship
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
Faculty Scholarship
Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?
In …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch
Michael Risch
The basic economic goal of copyright law is to balance an author's incentive to create with his or her ability to build on prior work in order to maximize social wealth. This balance is extremely important for computer software. On the one hand, software is often expensive to create and companies therefore need protection in order to recoup their investment. On the other hand, software is often expensive to create and companies can save costs by reusing pre-existing work. Quite often, the same companies that want to protect their software also want to use pre-existing work. As a result of …