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Articles 1 - 30 of 831
Full-Text Articles in Law
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer
Matthew Rimmer
The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra’ …
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
Matthew Rimmer
The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …
La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En la industria del libro 3.0, …
An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd
An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
Desertification is one of the most serious environmental and socio-economic problems of our time. Desertification describes circumstances of land degradation in arid, semi-arid and dry sub-humid regions resulting from the climatic variation and human activities. The fundamental goal of this thesis was to assess the effects of desertification in Yobe State, Nigeria. The present threat of desertification in the sahel has reached an alarming stage where crops cultivation and animal rearing/grazing are no more productive, soil has lost its nutrient/fertility, various infrastructure had given way because of windstorm from the neighbouring Niger Republic and sand dunes had taken over. The …
Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa
Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
This research work looked in the used of Remote Sensing to improve Agricultural production in Kutigi, Niger State. The aim of the study is to use remote sensing to improve rice farming activities in Kutigi, Niger State. It is very important to identify such methods to improve Agricultural production because experts are always interested in new researches and findings to better the standard of living in any environment. In view of this, Remotely-sensed data could be used or employed to elevate most of these agricultural problems in Kutigi through the following objectives: Using Landsat imagery to assess the present landuse …
San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology
San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology
Copyright, Fair Use, Scholarly Communication, etc.
There is a pressing need to improve the ways in which the output of scientific research is evaluated by funding agencies, academic institutions, and other parties.To address this issue, a group of editors and publishers of scholarly journals met during the Annual Meeting of The American Society for Cell Biology (ASCB) in San Francisco, CA, on December 16, 2012. The group developed a set of recommendations, referred to as the San Francisco Declaration on Research Assessment. We invite interested parties across all scientific disciplines to indicate their support by adding their names to this Declaration. The outputs from scientific research …
China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland
China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland
Shruti Rana
Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …
Turning A New Leaf: A Privacy Analysis Of Carwings Electric Vehicle Data Collection And Transmission, Francesca Svarcas
Turning A New Leaf: A Privacy Analysis Of Carwings Electric Vehicle Data Collection And Transmission, Francesca Svarcas
Santa Clara High Technology Law Journal
No abstract provided.
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
Ron D. Katznelson
This two-part article discusses the Patent and Trademark Office’s recent proposed rulemaking setting new patent user fees. In Part I the author argues that the PTO can raise fees in accordance with its aggregate costs but lacks authority to set national patent policies, or to skew certain fees to discourage or encourage a particular service. The author also asserts that the America Invents Act does not vest with the PTO discretion to set the level of its operating reserve – a determination reserved solely for congressional appropriations. In an upcoming Part II, the author will discuss specific fees and their …
Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh
Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh
Touro Law Review
No abstract provided.
Beyond Confusion?, Stacey Dogan
Beyond Confusion?, Stacey Dogan
Shorter Faculty Works
Trademark law is in the midst of an identity crisis. The prevailing economic account of the law has come under sustained attack by scholars, who have both challenged its descriptive accuracy and blamed it for many of the expansions of trademark rights in recent decades. The likelihood of confusion test – long the nucleus of infringement analysis – has been roundly condemned as indeterminate, incoherent, and normatively empty. No one seems to agree about why we have trademark law and how best to implement it. Scholars have cast about for explanations of how we got here and ideas of how …
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Touro Law Review
After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …
The Destruction Of An Empire: Will Viacom End Youtube's Reign?, Adam Shatzkes
The Destruction Of An Empire: Will Viacom End Youtube's Reign?, Adam Shatzkes
Touro Law Review
In a pre-Napster world Congress sought to promote theadvancement and development of the Internet. To facilitate this expansion, Congress enacted the Digital Millennium Copyright Act ("DMCA"), which protects internet service providers from copyright infringement liability. Due, in part, to the DMCA, the Internet has expanded beyond Congress' expectations. With the growth of the Internet, however, inequities have been created. YouTube epitomizes these inequities and Viacom's suit highlights the injustices that have been created. The ease with which copyrighted materials are published on the Internet has made it impossible for copyright owners to adequately protect their works. It is time for …
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon
Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon
Touro Law Review
Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Touro Law Review
In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Severine Dusollier
The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, …
Private Fair Use: Strengthening Polish Copyright Protection Of Online Works By Looking To U.S. Copyright Law, Michal Pekala
Private Fair Use: Strengthening Polish Copyright Protection Of Online Works By Looking To U.S. Copyright Law, Michal Pekala
Michal Pekala
In this essay, I consider the issue of the protection of online works in Poland, focusing in particular on the doctrine of private fair use in Polish copyright law. Private fair use permits in certain circumstances the use of works of others without the authors’ consent.. Given the nature of private fair use, it is essential that it function consistent with the purpose of copyright protection. Since the Polish Copyright Act was enacted in 1994, private fair use has lost its ability to serve as an appropriate exception to the Polish copyright laws with respect to online works. Specifically, certain …
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
San Diego Law Review
This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …
Copyright And Trademark Law And Public Interest Lawyering, R. Anthony Reese
Copyright And Trademark Law And Public Interest Lawyering, R. Anthony Reese
UC Irvine Law Review
No abstract provided.
Exchanging Information Without Intellectual Property, Michael J. Burstein
Exchanging Information Without Intellectual Property, Michael J. Burstein
Articles
Contracting over information is notoriously difficult. Nearly fifty years ago, Kenneth Arrow articulated a “fundamental paradox” that arises when two parties try to exchange information. To complete such a transaction, the buyer of information must be able to place a value on the information. But once the seller discloses the information, the buyer can take it without paying. The conventional solution to this disclosure paradox is intellectual property. If the information is protected by a patent or a copyright then the seller can disclose the information free in the knowledge that the buyer can be enjoined against making, using, or …
The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges
The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges
San Diego Law Review
In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.
Managing The Intellectual Property Sprawl, Shubha Ghosh
Managing The Intellectual Property Sprawl, Shubha Ghosh
San Diego Law Review
Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
San Diego Law Review
I am going to start this Article with two confessions. First, when I was fourteen, my favorite rock song was (Don’t Fear) The Reaper, by Blue Oyster Cult. Second, one of my favorite Saturday Night Live (SNL) sketches is from the 2000 season, “Behind the Music: Blue Oyster Cult.” The sketch is a tribute in memory of Gene Frenkle, the member of Blue Oyster Cult who played the cowbell on (Don’t Fear) The Reaper. The SNL sketch purports to explain how the cowbell made it onto the studio recording. In the sketch, members of the regular SNL cast pretend to …
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
San Diego Law Review
The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …
Access And The Public Domain, Randal C. Picker
Access And The Public Domain, Randal C. Picker
San Diego Law Review
[T]his Article sketches out the emerging public domain. Part III considers three conceptual questions for structuring use of the public domain, focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Part IV turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA, and the CFAA. Each of these matters for access to the public domain and for …
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
San Diego Law Review
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor
Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor
San Diego Law Review
[T]his Article describes the artisan and merchant guild systems of the Venetian Republic. Part III explores the emergence of the patent system as a means for foreigners and Venetian citizens to compete with the guilds, as well as the eventual addition of negative exclusive rights to the basic license form of positive patent privileges. In so doing, contrary to the speculation of some scholars, we reject with near certainty the contention that the first patent law statute granting exclusionary rights for—in modern parlance—technological inventions was a silk-specific directive enacted by the Venetian Grand Council in the late fourteenth or early …