Law Commons^™

Steps Towards An Alignment Of Intellectual Property In South-South Exchanges: A Return To Trips, Ana Santos Rutschman

All Faculty Scholarship

Some of the most instrumental players in shaping the course of intellectual property policies in the South are the so-called BRIC countries. The acronym BRIC originally encompassed Brazil, Russia, India and China. In 2011, South Africa formally joined the BRIC countries, which are now referred to either by the original acronym or by BRICS. While categorizations like BRICS attract a fair amount of criticism, with questions surrounding the criteria used to aggregate disparate economies, the concept of emerging economies in the South seeking to advance similar development agendas has become accepted currency in multiple fields, from institutional cooperation to financial …

When Does Copyright Law Require Technology Blindness? Aiken Meets Aereo, Yvette Joy Liebesman

All Faculty Scholarship

Within the Copyright Act, innovation and technological advances are the bases for the enactment or amendment of many sections. Technology is often fundamental to the language of the section, and the underlying technology matters even when it is paired with a technology-neutral section. And because technology matters, how it functions could be essential in resolving a copyright infringement dispute.

One such provision, 17 U.S.C. § 110(5), allows small businesses to “publicly perform” copyrighted music via a radio, as long as certain conditions regarding the equipment used are met. Only small businesses are eligible, and the proprietors can only use systems …

Steps Towards And Alignment Of Intellectual Property In South-South Exchanges: A Return To Trips, Ana Santos Rutschman

All Faculty Scholarship

Some of the most instrumental players in shaping the course of intellectual property policies in the South are the so-called BRIC countries. The acronym BRIC originally encompassed Brazil, Russia, India and China. In 2011, South Africa formally joined the BRIC countries, which are now referred to either by the original acronym or by BRICS. While categorizations like BRICS attract a fair amount of criticism, with questions surrounding the criteria used to aggregate disparate economies, the concept of emerging economies in the South seeking to advance similar development agendas has become accepted currency in multiple fields, from institutional cooperation to financial …

Kamil Kubik: The Artist And Copyright Observed, Elizabeth Townsend Gard, Yvette Joy Liebesman

All Faculty Scholarship

For over 60 years — from the time he fled his native Czechoslovakia in 1948 until his death in August 2011 — Kamil Kubik created amazing oil paintings and pastels. Many of his works were also printed as lithographs and serigraphs, for sale at more affordable prices than the four-to-five figures that he received for the originals. He was not dependent on the sale of these prints, which was a good thing — most of the original works were unprotected by copyright, and many of the prints were unauthorized reproductions.

Copyright law is the key law that protects the artistic …

When Does Copyright Law Require Technology Blindness? Aiken Meets Aereo, Yvette Joy Liebesman

All Faculty Scholarship

Within the Copyright Act, innovation and technological advances are the bases for the enactment or amendment of many sections. Technology is often fundamental to the language of the section, and the underlying technology matters even when it is paired with a technology-neutral section. And because technology matters, how it functions could be essential in resolving a copyright infringement dispute.

One such provision, 17 U.S.C. § 110(5), allows small businesses to “publicly perform” copyrighted music via a radio, as long as certain conditions regarding the equipment used are met. Only small businesses are eligible, and the proprietors can only use systems …