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Articles 1 - 27 of 27
Full-Text Articles in Law
Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba
Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba
Joint PIJIP/TLS Research Paper Series
Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to …
Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger
Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger
Joint PIJIP/TLS Research Paper Series
This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.
Intellectual Property And Tabletop Games, Christopher B. Seaman, Thuan Tran
Intellectual Property And Tabletop Games, Christopher B. Seaman, Thuan Tran
Scholarly Articles
There is a rich body of literature regarding intellectual property’s (“IP”) “negative spaces”—fields where creation and innovation thrive without significant formal protection from IP law. Scholars have written about innovation in diverse fields despite weak or nonexistent IP rights, such as fashion design, fine cuisine, stand-up comedy, magic tricks, tattoos, and sports plays. Instead, these fields rely on social norms, first- mover advantage, and other (non-IP) legal regimes to promote innovation in the absence of IP protection.
As a comparison to these studies, this Article comprehensively analyzes the role of IP law in facilitating innovation in tabletop gaming, including board …
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado
Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado
CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia
Wouldn’t it be great if a composer, music producer, or songwriter could pay their rent by “renting” out their music? This demonstration will simplify the music licensing process, focus on researching music libraries, preparing songs for submissions and much more.
Copyright Assessment In The Trenches: Workflow, Tools, Metadata, And More, Megan De Armond, Victoria Pilato, Greg Cram, Rina Elster Pantalony
Copyright Assessment In The Trenches: Workflow, Tools, Metadata, And More, Megan De Armond, Victoria Pilato, Greg Cram, Rina Elster Pantalony
Library Faculty Publications
Assessing copyright varies from institution to institution along with the specific workflow and end-user notices. This article looks at tools used in art libraries in a range of contexts along with pragmatic perspectives on copyright evaluation from a museum art library, a public research library, a university copyright advisory office, and a public university. Pain points for determining copyright presented by various formats, ownership issues, and digitization are addressed through cases encountered by the authors. Helpful tools and workflow strategies for moving forward, including widely available charts and resources, as well as software for copyright determination, are shared. Finally, the …
A Jukebox For Patents: Can Patent Licensing Of Incremental Inventions Be Controlled By Compulsory Licensing?, Ralph D. Clifford
A Jukebox For Patents: Can Patent Licensing Of Incremental Inventions Be Controlled By Compulsory Licensing?, Ralph D. Clifford
Faculty Publications
The patent system today no longer follows the classic understanding of how it is designed to work. In theory, to avoid infringement, a product developer searches the database of issued patents looking for those that might read onto the product being developed. If such patents are found, the developer can approach the patent holder for a license, can attempt to design around the claims, or can abandon the project. With many hundreds of thousands of patents being issued annually—a rate of issuance almost an order of magnitude larger than a hundred years ago—it is now a practical impossibility to search …
Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr.
Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr.
Law Faculty Scholarship
Written for computer artists and programmers, this paper addresses the basics, as well as the registration of multiple works, difference between works that are and are not prepared "for hire," and other matters of interest to entrepreneurs as well as to free-lance programmers and artists.
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency, William Hubbard
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency, William Hubbard
All Faculty Scholarship
Are we underestimating the costs of patent protection? Scholars have long recognized that patent law is a double-edged sword. While patents promote innovation, they also limit the number of people who can benefit from new inventions. In the past, policy makers striving to balance the costs and benefits of patents have analyzed patent law through the lens of traditional, neoclassical economics. This Article argues that this approach is fundamentally flawed because traditional economics rely on an inaccurate oversimplification: that individuals and firms always maximize profits. In actuality, so-called "productive inefficiencies" often prevent profit maximization. For example, cognitive biases, bounded rationality, …
Competitive Patent Law, William Hubbard
Competitive Patent Law, William Hubbard
All Faculty Scholarship
Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must "out-innovate . .. the rest of the world,"1 and that patent reform is a "critical dimension[]" 2 of this innovation agenda. Soon thereafter, Congress enacted the most sweeping reforms to U.S. patent law in more than half a century, contending that the changes will "give American inventors and innovators the 21st century patent system they need to compete."3 Surprisingly, no legal scholar has assessed whether patent reform is capable of making …
The Competitive Advantage Of Weak Patents, William Hubbard
The Competitive Advantage Of Weak Patents, William Hubbard
All Faculty Scholarship
Does U.S. patent law increase the competitiveness of U.S. firms in global markets? This Article argues that, contrary to the beliefs of many U.S. lawmakers, U.S. patent law currently undermines the ability of U.S. firms to compete in global markets because strong U.S. patent rights actually weaken an overlooked but critical determinant of U.S. competitiveness: rivalry among U.S. firms. Intense domestic rivalry drives firms to improve relentlessly, spawns related and supporting domestic industries, and encourages the domestic development of advanced factors of production—like specialized labor forces. U.S. patents restrict rivalry among foreign firms less because U.S. patents have little extraterritorial …
Technological Cost As Law In Intellectual Property, Harry Surden
Technological Cost As Law In Intellectual Property, Harry Surden
Publications
Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged factor driving changes in substantive IP law.
More specifically, there are certain activities that are core to IP law. Such activities include, for example, the copying of creative works in copyright (e.g. duplicating books or music), or the manufacturing of products in patent law. Traditionally, IP legal theory has …
Inventing Norms, William Hubbard
Inventing Norms, William Hubbard
All Faculty Scholarship
Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology. This traditional view of invention, however, fails to recognize that inventors are motivated by more than money. Like most people, inventors are also motivated by social norms, that is, shared normative beliefs favoring certain actions while disfavoring others. This Article argues that many Americans embrace social norms that favor and encourage successful invention. Because of these "inventing norms" inventors enjoy enhanced personal satisfaction and …
Draft Of Beck Speech - 2010, Wendy J. Gordon
Draft Of Beck Speech - 2010, Wendy J. Gordon
Scholarship Chronologically
I come here with a sense of gratitude, to the intellectually stimulating BU community of students, staff and faculty, that has taught me so much, and grateful today especially to those who made this event possible. I would like to thank you all for coming, thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher and Cornell Stinson for organizing it, and most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's immensely flattering to me having been chosen the initial recipient, and flattering to the school that Phil …
Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell
Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell
Publications
This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Scholarly Works
The dilution doctrine and the right of publicity have a great deal in common, because both represent property-like rights that have evolved from legal doctrines largely unrelated to property concerns. Although both doctrines have engendered controversy in the United States, the dilution doctrine generally evokes greater skepticism and confusion. This Article evaluates how these concepts are viewed in a number of jurisdictions outside the United States. From this examination, two conclusions emerge. First, despite the similarities between the doctrines, countries do not tend to adopt or reject them in tandem. Second, the degree to which each doctrine achieves widespread and …
Structural Rights In Privacy, Harry Surden
Structural Rights In Privacy, Harry Surden
Publications
This Essay challenges the view that privacy interests are protected primarily by law. Based upon the understanding that society relies upon nonlegal devices such as markets, norms, and structure to regulate human behavior, this Essay calls attention to a class of regulatory devices known as latent structural constraints and provides a positive account of their role in regulating privacy. Structural constraints are physical or technological barriers which regulate conduct; they can be either explicit or latent. An example of an explicit structural constraint is a fence which is designed to prevent entry onto real property, thereby effectively enforcing property rights. …
Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh
Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh
Articles, Book Chapters, & Popular Press
Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …
A Comparative Study Of United States And Japanese Laws On Collaborative Inventions, And The Impact Of Those Laws On Technology Transfers, Mary Lafrance
Scholarly Works
This research examines United States and Japanese laws regarding patent rights in collaborative inventions, and inquires whether these laws may impede technology transfers by creating uncertainty regarding the ownership, validity, or enforceability of the resulting patents, or by imposing undue obstacles to the licensing or assignment of such patents. Where the laws of the two countries differ, this paper compares the merits of each approach and also assesses whether the differing approaches could be troublesome for cross-border transactions.
One of the most significant differences between United States and Japanese law regarding joint inventions is in the requirement of consent for …
Communicating Entitlements: Property And The Internet, William Hubbard
Communicating Entitlements: Property And The Internet, William Hubbard
All Faculty Scholarship
No abstract provided.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analysis Of The Doctrine In Its Current Form, Woodrow Hartzog
Faculty Scholarship
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …
An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo
Articles
This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward …
Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford
Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford
Faculty Publications
Computer scientists, using artificial intelligence techniques such as neural networks, are enabling computers to independently create works that appear to qualify for federal intellectual property protection. In at least one case, the creator of this kind of program has registered its output, a series of musical compositions, under his name as author with United States Copyright Office. Whether the output of the computer satisfies the statutory and constitutional requisites for protection is questionable, however. The author of this Article argues that the output of an autonomously creative computer program cannot be protected under the current copyright and patent laws. Further, …
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
Scholarship Chronologically
The basic logic of my deontologic approach is this.
Notes Of Reference To The Common Law, Wendy J. Gordon
Notes Of Reference To The Common Law, Wendy J. Gordon
Scholarship Chronologically
Also, when one looks at the common law, one finds throughout an attempt to protect persons who change position in reliance on other's actions from being harmed by such persons' withdrawal; similarly, the common law gives a great deal of protection from harm even when the parties have had no prior dealings.
Note On General Conclusion - 1986, Wendy J. Gordon
Note On General Conclusion - 1986, Wendy J. Gordon
Scholarship Chronologically
The burden of the first part of this paper has been to suggest that tort law provides us no self-justifying notion of "wrongs" by which we can allocate rights and duties. The burden of the second part of this paper has been to suggest that contract law's notion of "consent" is similarly unable to provide justification for any particular system of rights. How would one go about constructing a theory by which to evaluate whether a given property system could be justified? A full answer to that question is surely outside the scope of this paper, but some basic points …