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Full-Text Articles in Law
From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski
BYU Law Review
No abstract provided.
Is Using Call Of Duty In This Comment Infringement?, Brittany Frandsen
Is Using Call Of Duty In This Comment Infringement?, Brittany Frandsen
BYU Law Review
No abstract provided.
Intellectual Property Law Hybridization, Clark D. Asay
Intellectual Property Law Hybridization, Clark D. Asay
Faculty Scholarship
Traditionally, patent and copyright laws have been viewed as separate bodies of law with distinct utilitarian goals. The conventional wisdom holds that patent law aims to incentivize the production of inventive ideas, while copyright focuses on protecting the original expression of ideas, but not the underlying ideas themselves. This customary divide between patent and copyright laws finds some support in the Constitution’s Intellectual Property Clause, and Congress, courts, and scholars have largely perpetuated it in enacting, interpreting, and analyzing copyright and patent laws over time.
In this Article, I argue that it is time to partially breach this traditional divide. …