Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis
Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis
University of Colorado Law Review
No abstract provided.
Intellectual Property Law Hybridization, Clark D. Asay
Intellectual Property Law Hybridization, Clark D. Asay
University of Colorado Law Review
Traditionally, patent and copyright laws have been viewed as separate bodies of law with distinct utilitarian goals. Conventional wisdom holds that patent law aims to incentivize the production of inventive ideas, while copyright focuses on protecting the original expression of ideas, but not the underlying ideas themselves. This customary divide between copyright and patent laws finds some support in the distinction between "authors" and "inventors," as well as that between "writings" and "discoveries," in the U.S. Constitution's Intellectual Property Clause. And Congress, courts, and scholars have largely perpetuated the divide in separately enacting, interpreting, and analyzing copyright and patent laws …
The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt
The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt
University of Colorado Law Review
Several scholars have explored the boundaries of intellectual property protection for literary characters. Using as a case study the history of intellectual property treatment of Arthur Conan Doyle's fictional character Sherlock Holmes, this Article builds on that scholarship, with special attention to characters that appear in multiple works over time, and to the influences of formal and informal law on the entry of literary characters into the public domain. While copyright protects works of authorship only for a limited time, copyright holders have sought to slow the entry of characters into the public domain, relying on trademark law, risk aversion, …
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
The Ipod Tax: Why The Digital Copyright System Of American Law Professors' Dreams Failed In Japan, Salil K. Mehra
University of Colorado Law Review
A number of prominent American law professors have endorsed the notion of a tax on digital recording and music file-sharing-call it an "iPod tax"--with the proceeds to be paid into a general fund. A clearinghouse representing rights-holders would monitor which works were downloaded and how often and then divvy up the iPod tax revenues to the individual rights-holders. Japan has run a very similar system since the early days of digital recording in 1993. This Article focuses on how Japanese experts decided that regulatory failures merited killing an extension of their existing system, including a proposed iPod tax. In particular, …