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Full-Text Articles in Law
Authors, Online, Daniel J. Gervais
Authors, Online, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The fate of professional creators is a major cultural issue. While specific copyright rules are obviously contingent and should be adapted to the new realities of online distribution and easy reuse, professional authorship remains necessary. I also believe that to be a professional author, creators need time, which, in turn, does require some form of payment. We need healthy financial flows to allow professional authors to make a decent, market-based living. This requires a move away from one-size-fits-all copyright and the resulting "tug of norms" that requires a shift of the entire policy package to the benefit of one category …
The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais
The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or inventiveness in patent law) vary from one country's national legislation to another. Yet, many critics of the intellectual property system recognize that solutions to the problems, ranging from database protection to the Internet, should ideally be the same worldwide. In today's globalized economy, it makes sense to adopt rules to protect that take account of the laws and practices of other nations and of the work of international organizations. Protecting only …