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Full-Text Articles in Law
"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid
"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
Journal of Intellectual Property Law
No abstract provided.
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Journal of Intellectual Property Law
No abstract provided.
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith
Journal of Intellectual Property Law
No abstract provided.
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Journal of Intellectual Property Law
No abstract provided.
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
Journal of Intellectual Property Law
No abstract provided.
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash
Journal of Intellectual Property Law
No abstract provided.
The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen
The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen
Journal of Intellectual Property Law
No abstract provided.
Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren
Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren
Journal of Intellectual Property Law
No abstract provided.
Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson
Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote
Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote
Journal of Intellectual Property Law
No abstract provided.
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt
Journal of Intellectual Property Law
No abstract provided.
Complete Preemption And Copyright: Toward A Successive Analysis, Mark Lindsay
Complete Preemption And Copyright: Toward A Successive Analysis, Mark Lindsay
Journal of Intellectual Property Law
No abstract provided.
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley
Scholarly Works
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …