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Articles 1 - 11 of 11
Full-Text Articles in Law
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Norms Of Communication And Commodification, Wendy J. Gordon
Norms Of Communication And Commodification, Wendy J. Gordon
Faculty Scholarship
Around the laws that regulate information and communication swarm a host of related nonlegal norms: norms of secrecy, confidentiality, and privacy; of anonymity, source-identity, and citation; of quotation, paraphrase, and hyperbole; norms of free copying and norms of obtaining permission; norms of gossip and of blackmail. The articles by Saul Levmore and Richard McAdams provide useful windows on some of the ways these laws and norms interact. The two articles also provide insight into the comparative advantage possessed in some circumstances by law and by nonlegal norms, respectively, when information and communication are at issue. In my brief Comment I …
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen
Faculty Scholarship
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …
Intellectual Property Policy Online: A Young Person’S Guide, James Boyle
Intellectual Property Policy Online: A Young Person’S Guide, James Boyle
Faculty Scholarship
This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …
U. S. Federalism And Intellectual Property, Jane C. Ginsburg
U. S. Federalism And Intellectual Property, Jane C. Ginsburg
Faculty Scholarship
The federal structure of the U.S. government presents interesting questions for intellectual property. Which government, national or state, exercises regulatory authority? Or do both governments play a significant role? Questions of this order cannot be addressed unless one first analyzes what the term "intellectual property" comprehends. Intellectual property includes well-recognized regimes of exclusive rights in inventions (patents), literary, artistic and musical creations (copyrights), and trademarks. But it also covers more elusive, and evolving, interests, such as exploitation of one's personal name and image (right of publicity), trade secrets, and a generalized concern with prevention of acts amounting to unlicensed appropriation …
Small Business And Copyright Ownership, Niels Schaumann
Small Business And Copyright Ownership, Niels Schaumann
Faculty Scholarship
This article attempts to facilitate the recognition of situations involving copyright and the appropriate arrangements regarding ownership of the right. Part II briefly outlines some copyright basics, including the varieties of copyrightable subject matter under the Copyright Act of 1976. Part III describes copyright ownership, focusing on the kinds of transactions most likely to take place in the context of small business, including the “work for hire” doctrine. Armed with these fundamentals, the small-business lawyer may find that copyright litigation will rarely become necessary.
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
La Protection Aux Etats-Unis Des Oeuvres D'Art, Jane C. Ginsburg
La Protection Aux Etats-Unis Des Oeuvres D'Art, Jane C. Ginsburg
Faculty Scholarship
French Abstract
Les Etats-Unis sont un marche important d'oeuvres d'art, non seulement pour la vente des tableaux, mais aussi pour !'exploitation de reproductions et d'adaptations des images. Par exemple, en dehors des reproductions traditionnelles telles que celles contenues dans des catalogues et livres d'art et des reproductions sous forme de cartes postales et affiches, une oeuvre d'art originairement corn;ue comme une expression des beaux arts peut s'exploiter telle par exemple une sortie de bain, du papier peint, voire un decor de poubelle. Dans quelle mesure un artiste peut-il etre remunere ou meme s'opposer a J'exploitation commerciale de son oeuvre aux …