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Full-Text Articles in Law
Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp
Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp
Journal of Intellectual Property Law
Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely on performers to develop characters and shows. This reliance could prove to be an exploitative practice if performers do not receive additional compensation for their part in creating successful works. This Note first examines the meanings of authorship, fixation, and control under the Copyright Act of 1976, then widens its lens to consider alternate interpretations of these technical terms in light of an …
Rethinking "Reasonableness": Implementation Of A National Board To Clarify The Trade Secret Standard Now That The Work-From-Home Culture Has Changed The Rules, Hannah E. Brown
Journal of Intellectual Property Law
Under the federal Defend Trade Secrets Act (“DTSA”), almost any type of information can qualify as a trade secret but only if the owner has taken “reasonable measures” to keep such information secret. Under case law, what is “reasonable” varies and may differ based on the court, the company size, and the particular facts of each situation. The interpretation of what is “reasonable” must change with the times, specifically, to take into consideration the sharp increase in remote work that accompanied the COVID-19 pandemic. The rise in remote work necessarily means more servers accessing data and more remote transmission of …
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
Journal of Intellectual Property Law
The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the …
Patent Performativity, Dan L. Burk
Patent Performativity, Dan L. Burk
Journal of Intellectual Property Law
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …
Evidence-Based Patent Damages, Taorui Guan
Evidence-Based Patent Damages, Taorui Guan
Journal of Intellectual Property Law
No abstract provided.
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley
Journal of Intellectual Property Law
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …
Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina
Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina
Journal of Intellectual Property Law
No abstract provided.
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Journal of Intellectual Property Law
No abstract provided.
Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald
Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.
Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.
Journal of Intellectual Property Law
No abstract provided.
L. Ray Patterson: A Selected Bibliography, Journal Of Intellectual Property Law
L. Ray Patterson: A Selected Bibliography, Journal Of Intellectual Property Law
Journal of Intellectual Property Law
No abstract provided.
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Journal of Intellectual Property Law
No abstract provided.
An Experimental Approach To The Study Of Social Norms: The Allocation Of Intellectual Property Rights In The Workplace, Yuval Feldman
An Experimental Approach To The Study Of Social Norms: The Allocation Of Intellectual Property Rights In The Workplace, Yuval Feldman
Journal of Intellectual Property Law
No abstract provided.
Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett
Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett
Journal of Intellectual Property Law
No abstract provided.
Patenting Marijuana Strains: Baking Up Patent Protection For Growers In The Legal Fog Of This Budding Industry, Joseph Dylan Summer
Patenting Marijuana Strains: Baking Up Patent Protection For Growers In The Legal Fog Of This Budding Industry, Joseph Dylan Summer
Journal of Intellectual Property Law
No abstract provided.
Clearing The Brush: The Best Solution For The Uspto’S Continued “Deadwood” Problem, Leonard Robert Seifter Iii
Clearing The Brush: The Best Solution For The Uspto’S Continued “Deadwood” Problem, Leonard Robert Seifter Iii
Journal of Intellectual Property Law
No abstract provided.
The Road To Hell Was Paved With A Good Faith Belief: Why The Supreme Court Correctly Rejected The Good Faith Belief In The Invalidity Of A Patent Defense For Dangerously Narrowing Induced Infringement Liability, Sidney C. Eberhart
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Journal of Intellectual Property Law
No abstract provided.