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Full-Text Articles in Law
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
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The idea that there is a tension between antitrust and the intellectual property laws is readily exaggerated. The tension that exists results mainly from our uncertainty about the optimal amount and scope of IP protection. In general, antitrust draws clearer lines than intellectual property law does, although one should not push the point too far. Antitrust policy as manifested in the courts has achieved a fair amount of consensus today. By contrast, deep uncertainty remains about fundamental questions concerning the socially optimal outcome of IP disputes. In addition, while the antitrust statutes are for the most part public regarding provisions …
Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton
Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton
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This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of contemporary journalism, particularly with respect to the propertization of news. Part II traces the history of copyright protection for news from its origins in censorship to the American copyright regime today, with emphasis on the run up to the 1909 amendments that first codified protection for newspapers. Part III advocates the moral …