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Intellectual Property Law

Selected Works

2011

Intellectual Property Law

Articles 1 - 9 of 9

Full-Text Articles in Law

A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen Nov 2011

A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen

David R Hansen

Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …

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Why Full Open Access Matters, Michael W. Carroll Nov 2011

Why Full Open Access Matters, Michael W. Carroll

Michael W. Carroll

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

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Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu Oct 2011

Sports Merchandizing, Publicity Rights, And The Missing Role Of The Sports Fan, Joseph P. Liu

Joseph P. Liu

Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly limited role in discussions about sports team merchandising and player rights of publicity. This Article argues that modern sports licensing practices are coming into increasing conflict with the interests of sports fans, and that the law should take greater account of such interests. This Article starts …

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Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen May 2011

Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen

David R Hansen

In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law - and in particular, U.S. copyright law - which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, …

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Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung Apr 2011

Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.

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Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach Apr 2011

Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

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Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten Dec 2010

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten

Ulf Maunsbach

No abstract provided.

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Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach Dec 2010

Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

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The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau Dec 2010

The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau

Andrew Beckerman Rodau

This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …

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