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Articles 1 - 15 of 15

Full-Text Articles in Law

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid Oct 2016

"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 Oct 2016

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 Sep 2016

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 Sep 2016

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 Jun 2016

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 Jun 2016

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 Jun 2016

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 Apr 2016

"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 Apr 2016

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 Apr 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Feb 2016

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 Jan 2016

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 …