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Articles 31 - 60 of 254
Full-Text Articles in Law
Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym
Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym
FIMS Publications
On March 31, 2010, Access Copyright applied to the Copyright Board to certify a tariff that would govern the relationship between the organization and the members of the Association of Universities and Colleges of Canada (AUCC) and the Association of Community Colleges of Canada (ACCC). Previously, the relationship had been governed by a series of license agreements between the organizations which had been periodically renewed. But Access Copyright chose not to seek renewal of the licenses, and applied to the Board to certify a general tariff that would cover all post-secondary institutions for the period of 2011 through 2013.
Access …
District Court: Final Order (2012), Orinda Evans
District Court: Final Order (2012), Orinda Evans
Georgia State University Copyright Lawsuit
No abstract provided.
Moderating Mayo, Bernard Chao
Cross-Border Ip Infringement: Patents, Marketa Trimble
Cross-Border Ip Infringement: Patents, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the CASRIP 20th Anniversary / IP LLM 10th Anniversary IP-across Topic Scholarship Conference on July 28, 2012.
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Library Staff Publications
No abstract provided.
United States Response To Questionnaire Concerning Copyright And Related Rights In The “Cloud” Environment, June M. Besek, Philippa Loengard, Idara Udofia
United States Response To Questionnaire Concerning Copyright And Related Rights In The “Cloud” Environment, June M. Besek, Philippa Loengard, Idara Udofia
Kernochan Center for Law, Media, and the Arts
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Three Theories Of Copyright In Ratings, James Grimmelmann
Three Theories Of Copyright In Ratings, James Grimmelmann
Cornell Law Faculty Publications
Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ratings …
One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft For 3rd Revision Of The Chinese Copyright Law, Hong Xue
Joint PIJIP/TLS Research Paper Series
On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups. It is unfortunate that China, the largest country by both population and Internet users, despite its fast-growing economy, seems missing the opportunities to craft a 21st-Century Copyright Law, but instead follows the old path of “the more the better” (more copyright protection and enforcement, the better economic …
A Generation Of Software Patents, James Bessen
A Generation Of Software Patents, James Bessen
Faculty Scholarship
This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.
Intellectual Property And Human Rights In The Nonmultilateral Era, Peter K. Yu
Intellectual Property And Human Rights In The Nonmultilateral Era, Peter K. Yu
Faculty Scholarship
In the past decade, countries have actively established bilateral, plurilateral and regional trade and investment agreements, such as the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership Agreement. Although commentators have examined the conflict and tension between intellectual property and human rights in the past, the arrival of these agreements has ushered in a new era of nonmultilateralism that warrants a reexamination of the complex interrelationship between intellectual property and human rights.
This article closely examines the human rights impact of the intellectual property provisions in TRIPS-plus nonmultilateral agreements. It begins by outlining the challenges inherent in any analysis of the …
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman
Law Student Publications
This comment proposes a totality-of-the-circumstances approach to analyzing biological molecules under § 101 such that both the structure and its information is examined. Part II of this note reviews relevant precedent in patent law. Part III analyzes the Federal Circuit's Myriad decision, and Part IV explains the potential effects of the recent Supreme Court decision Mayo Collaborative Services v. Prometheus Laboratories. Finally, in Part V, the patent eligibility of human genes is examined. Analyzing this issue under the proposed totality-of-the-circumstances approach, this article concludes that isolated human genes are not patentable.
Intellectual Property And Asian Values, Peter K. Yu
Intellectual Property And Asian Values, Peter K. Yu
Faculty Scholarship
From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.
Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …
Innovation And Competition Policy: Statutory Supplement And Other Materials, Herbert J. Hovenkamp
Innovation And Competition Policy: Statutory Supplement And Other Materials, Herbert J. Hovenkamp
All Faculty Scholarship
This Supplement to Cases and Materials on Innovation and Competition Policy includes the following: (1) a statutory supplement containing relevant provisions of the antitrust laws, the Patent Act, the Copyright Act, and the DMCA: (2) an annotated table of contents. Other supplemental materials, including discussion of recent decisions or other developments, will be added from time to time.
This book will be supplemented frequently as important new decisions or other developments occur. However, the author will attempt not to revise individual chapters during the course of the academic semester in order to avoid confusion in pagination or printing. Instead, supplemental …
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
All Faculty Scholarship
This is a follow-up piece to Professor Balganesh's 'Hot News': The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011), based on the Second Circuit's decision in Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011).
The Alphabet Soup Of Transborder Intellectual Property Enforcement, Peter K. Yu
The Alphabet Soup Of Transborder Intellectual Property Enforcement, Peter K. Yu
Faculty Scholarship
n the past few years, policymakers, academic commentators, consumer advocates, civil liberties groups, and user communities have expressed grave concerns about the steadily increasing levels of enforcement of intellectual property rights. Many of these concerns relate to the "alphabet soup" of transborder intellectual property enforcement, which consists of the following: SECURE, IMPACT, ACTA, TPP, COICA, PIPA, SOPA, and OPEN.
Published in the inaugural issue of Drake Law Review Discourse, this short essay identifies six different concerns and challenges the Anti-Counterfeiting Trade Agreement (ACTA) poses to U.S. consumers, technology developers, and small and midsize firms. It then explores the ongoing negotiation …
An Overview Of Patent Prosecution, Frederick W. Dingledy
An Overview Of Patent Prosecution, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
Copyright: New Legislation At International And Domestic Levels, Working With And Without Collectives, Margaret Ann Wilkinson, Rob Tiessen
Copyright: New Legislation At International And Domestic Levels, Working With And Without Collectives, Margaret Ann Wilkinson, Rob Tiessen
Law Presentations
No abstract provided.
Rethinking Federal Circuit Jurisdiction, Paul Gugliuzza
Rethinking Federal Circuit Jurisdiction, Paul Gugliuzza
Faculty Scholarship
Thirty years ago, Congress created the Federal Circuit for the overriding purpose of bringing uniformity to patent law. Yet less than half of the court’s cases are patent cases. Most Federal Circuit cases involve veterans benefits, government-employment actions, government contracts, and other matters. Although existing literature purports to study the Federal Circuit as an institution, these projects focus largely on the court’s patent cases. This Article, by contrast, considers whether the court’s nonpatent docket might affect the development of patent law and whether the court’s specialization in patent law has consequences for how it decides nonpatent cases.
These inquiries result …
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …
Copyright In 2012 Workshop, Margaret Ann Wilkinson, Rob Tiessen
Copyright In 2012 Workshop, Margaret Ann Wilkinson, Rob Tiessen
Law Presentations
No abstract provided.
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Popular Media
No abstract provided.
Technology Transfer And Innovation Policy At Canadian Universities: Opportunities And Social Costs, Samuel Trosow, Michael B. Mcnally, Laura E. Briggs, Cameron Hoffman, Cassandra D. Ball, Adam Jacobs, Bridget Moran
Technology Transfer And Innovation Policy At Canadian Universities: Opportunities And Social Costs, Samuel Trosow, Michael B. Mcnally, Laura E. Briggs, Cameron Hoffman, Cassandra D. Ball, Adam Jacobs, Bridget Moran
FIMS Publications
This report, supported by a Social Sciences and Humanities Research Council (SSHRC) Knowledge Synthesis Grant, critically examines the role of universities in transmitting knowledge in the forms of technology transfer mechanisms, intellectual property agreements and other knowledge diffusion policies. In reviewing and synthesizing the recent literature on the topic, we seek to provide some initial evidence-based policy recommendations in order to generally strengthen Canada‘s innovation ecosystem and more specifically to maximize the return on the nation‘s investment in higher education research and development.
District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans
District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans
Georgia State University Copyright Lawsuit
Ruling from the District Court
Cambridge Univ. Press v. Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012)
Trademark And Copyright Enforcement In The Shadow Of Ip Law, William T. Gallagher
Trademark And Copyright Enforcement In The Shadow Of Ip Law, William T. Gallagher
Publications
In recent years, as Congress has created new intellectual property (IP) rights and courts have often interpreted those rights broadly, legal scholars have frequently decried the expanded scope of protection afforded IP owners in most substantive areas of IP law. According to this critique, the over-expansion of IP rights throughout the past two decades harms competition, chills free speech, and diminishes the public domain as increasingly broad areas of social life are brought within the scope of strong IP protection. While this over-expansion theory reflects an important-indeed, foundationalpolicy debate concerning the proper balance between IP owners' rights and the public's …
What Is The "Invention"?, Christopher A. Cotropia
What Is The "Invention"?, Christopher A. Cotropia
Law Faculty Publications
Patent law is in flux, with recent disputes and changes in doctrine fueled by increased attention from the Supreme Court and en banc activity by the Federal Circuit. The natural reaction is to analyze each doctrinal area involved on its own. Upon a closer look, however, many patent cases concern a single, fundamental dispute. Conflicts in opinions on such issues as claim interpretation methodology and the written description requirement are really disagreements over which "invention" the courts should be considering. There are two concepts of invention currently in play in patent decisions. The first is an "external invention" definition, in …
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Law Student Publications
This comment argues that the best way to clarify the answer to the question "Who's the author?" (and thus to clarify whether the creator has a termination right) is to resolve the circuit split in favor of a bright-line rule requiring execution of the written agreement prior to the creation of the work. Part I introduces the legal framework under which the issue must be analyzed. Part II reviews the holdings on each side of the circuit split. Part III presents the arguments that both proper statutory construction of U.S. copyright law and the legislative history of the termination right, …
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
Faculty Scholarship
In the past decade, China has experienced many impressive economic and technological developments. Intriguingly, the narrative about piracy and counterfeiting there is rarely linked to the narrative about the China's technological rise. To provide a more comprehensive picture, this article brings together these two different narratives to explore what their combination would mean for the United States and its intellectual property industries.
Delivered as the keynote luncheon address at the Symposium on "Applications of Intellectual Property Law in China," this article begins with the good news that China is at the cusp of crossing over from a pirating nation to …
Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson
Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson
Student Award Winning Papers
The purpose of the right of publicity is to provide all individuals the right to control the commercial use of their attributes such as likeness, image or name. This state-based right is primarily concerned with protecting celebrities, hereinafter referred to as “personalities.”1 As the right gained more recognition from courts and legislatures in the last 25 years, its value to personalities increased substantially. Sport, entertainment and public figures, like Tiger Woods, Bill Clinton and Woody Allen, make millions of dollars2 from endorsements, speaking engagements, and right of publicity claims. Personalities are also taking advantage of the wide variation in right …