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Articles 31 - 60 of 105

Full-Text Articles in Law

The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden Apr 2015

The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden

Pamela Samuelson

Symposium introduction: Steps Toward Evidence-Based IP


The Quest For A Sound Conception Of Copyright's Derivative Work Right, Pamela Samuelson Apr 2015

The Quest For A Sound Conception Of Copyright's Derivative Work Right, Pamela Samuelson

Pamela Samuelson

Part I of this Article explains that, viewed in light of the evolution of the derivative work concept in the copyright revision process, the exclusive right to prepare derivative works is narrower in scope and more bounded than commentators have often feared. Part II considers characteristics of the nine exemplary derivatives in the statutory definition and explains why they should inform a sound interpretation of the last clause in the definition. By including these nine examples, Congress intended to provide guidance about the types of derivatives covered by this right. To be consistent with the text of the statute, the …


Hacking Intellectual Property Law, Pamela Samuelson Apr 2015

Hacking Intellectual Property Law, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Are Business Methods Patentable?, Pamela Samuelson Apr 2015

Are Business Methods Patentable?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Solving The Orphan Works Problem For The United States, Pamela Samuelson, Jennifer M. Urban, David R. Hansen, Kathryn Hashimoto, Gwen Hinze Apr 2015

Solving The Orphan Works Problem For The United States, Pamela Samuelson, Jennifer M. Urban, David R. Hansen, Kathryn Hashimoto, Gwen Hinze

Pamela Samuelson

Part I discusses the causes of the orphan works problem, empirical evidence about the size of the problem today, and the effect that orphan works have had on libraries, archives and related organizations that have digitized or wish to digitize their collections. Part II discusses the range of social benefits of enabling greater public access to orphan works. Part III describes various approaches to solving the orphan works problem, canvassing approaches both from the United States and abroad. It argues that fair use and the Copyright Office's remedy limitation approach are better solutions for the United States than alternatives proposed …


The Supreme Court Revisits The Sony Safe Harbor Rule, Pamela Samuelson Apr 2015

The Supreme Court Revisits The Sony Safe Harbor Rule, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Too Many Copyrights, Pamela Samuelson Apr 2015

Too Many Copyrights, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Essay: A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson Apr 2015

Essay: A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson

Pamela Samuelson

Determining whether a copyright has been infringed is often straghtforward in cases involving verbatim copying of slavish imitation. But when there are no literal similarities between the work at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …


How To Achieve (Some) Balance In Anti-Circumvention Laws, Pamela Samuelson, Jerome H. Reichman, Graeme Dinwoodie Apr 2015

How To Achieve (Some) Balance In Anti-Circumvention Laws, Pamela Samuelson, Jerome H. Reichman, Graeme Dinwoodie

Pamela Samuelson

No abstract provided.


Only Technological Processes Are Patentable, Pamela Samuelson Apr 2015

Only Technological Processes Are Patentable, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Is Software Patentable?, Pamela Samuelson Apr 2015

Is Software Patentable?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


The Quest For Enabling Metaphors For Law And Lawyering In The Information Age, Pamela Samuelson Apr 2015

The Quest For Enabling Metaphors For Law And Lawyering In The Information Age, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Book Review: Is Copyright Reform Possible?, Pamela Samuelson Apr 2015

Book Review: Is Copyright Reform Possible?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Do You Own The Software You Buy?, Pamela Samuelson Apr 2015

Do You Own The Software You Buy?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Brief Amici Curiae Of 60 Intellectual Property And Technology Law Professors And The United States Public Policy Committee Of The Association For Computing Machinery In Support Of Respondents In Metro-Goldwyn-Mayer Studios V. Grokster, Pamela Samuelson Apr 2015

Brief Amici Curiae Of 60 Intellectual Property And Technology Law Professors And The United States Public Policy Committee Of The Association For Computing Machinery In Support Of Respondents In Metro-Goldwyn-Mayer Studios V. Grokster, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Did Mgm Really Win The Grokster Case?, Pamela Samuelson Apr 2015

Did Mgm Really Win The Grokster Case?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Regulating Technical Design, Pamela Samuelson Apr 2015

Regulating Technical Design, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Brief Amicus Curiae Of Aclu, Ala, Et Al, In The Universal City Studios V. Reimerdes, Pamela Samuelson Apr 2015

Brief Amicus Curiae Of Aclu, Ala, Et Al, In The Universal City Studios V. Reimerdes, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Do Software Copyrights Protect What Programs Do?, Pamela Samuelson Apr 2015

Do Software Copyrights Protect What Programs Do?, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Privacy As Intellectual Property, Pamela Samuelson Apr 2015

Privacy As Intellectual Property, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Unconstitutionally Excessive Statutory Damage Awards In Copyright Cases, Pamela Samuelson, Ben Sheffner Apr 2015

Unconstitutionally Excessive Statutory Damage Awards In Copyright Cases, Pamela Samuelson, Ben Sheffner

Pamela Samuelson

No abstract provided.


Comparing The Views Of Lawyers And User Interface Designers On The Software Copyright Look And Feel Lawsuits, Pamela Samuelson, Robert J. Glushko Apr 2015

Comparing The Views Of Lawyers And User Interface Designers On The Software Copyright Look And Feel Lawsuits, Pamela Samuelson, Robert J. Glushko

Pamela Samuelson

No abstract provided.


Clues For Determining Whether Business And Service Innovations Are Unpatentable Abstract Ideas, Pamela Samuelson, Jason Schultz Apr 2015

Clues For Determining Whether Business And Service Innovations Are Unpatentable Abstract Ideas, Pamela Samuelson, Jason Schultz

Pamela Samuelson

No abstract provided.


Google Book Search And The Future Of Books In Cyberspace, Pamela Samuelson Apr 2015

Google Book Search And The Future Of Books In Cyberspace, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Are Patents On Interfaces Impeding Interoperability, Pamela Samuelson Apr 2015

Are Patents On Interfaces Impeding Interoperability, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Good Legal Writing: Of Orwell And Window Panes, Pamela Samuelson Apr 2015

Good Legal Writing: Of Orwell And Window Panes, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Reviving Zacchini: Analyzing First Amendment Defenses In Right Of Publicity And Copyright Cases, Pamela Samuelson Apr 2015

Reviving Zacchini: Analyzing First Amendment Defenses In Right Of Publicity And Copyright Cases, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson Apr 2015

Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson

Pamela Samuelson

No abstract provided.


A Response To The Working Group, Pamela Samuelson Apr 2015

A Response To The Working Group, Pamela Samuelson

Pamela Samuelson

No abstract provided.


Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson Apr 2015

Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson

Pamela Samuelson

No abstract provided.