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Full-Text Articles in Law
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Peter Menell
No abstract provided.
Sarah Tran's Inspiring Optimism, Peter Menell
Sarah Tran's Inspiring Optimism, Peter S. Menell
Adapting Copyright For The Mashup Generation, Peter S. Menell
Adapting Copyright For The Mashup Generation, Peter S. Menell
Peter Menell
Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have emerged as a defining genre for post-Napster generations. Yet the uncertain contours of copyright liability as well as prohibitive transaction costs have pushed this genre underground, stunting its development, limiting remix artists' commercial channels, depriving sampled artists of fair compensation, and further alienating netizens and new artists from the copyright system. In the real world of transaction costs, subjective legal standards, and market power, no solution to the mashup problem will achieve perfection across all dimensions. The appropriate inquiry is …
Star Athletica’S Fissure In The Intellectual Property Functionality Landscape, Peter S. Menell, Daniel Yablon
Star Athletica’S Fissure In The Intellectual Property Functionality Landscape, Peter S. Menell, Daniel Yablon
Peter Menell
No abstract provided.
Unwinding Sony, Peter S. Menell, David Nimmer
Liability Of Parent Corporations For Hazardous Waste Cleanup And Damages, Peter S. Menell
Liability Of Parent Corporations For Hazardous Waste Cleanup And Damages, Peter S. Menell
Peter Menell
No abstract provided.
Using Fee Shifting To Promote Fair Use And Fair Licensing, Peter S. Menell, Ben Depoorter
Using Fee Shifting To Promote Fair Use And Fair Licensing, Peter S. Menell, Ben Depoorter
Peter Menell
The fair use doctrine seeks to facilitate socially optimal uses of copyrighted material. As a practical matter, however, cumulative creators,such as documentary filmmakers and many contemporary musicians, are often reluctant to rely on the fair use doctrine because of its inherent uncertainty, the potentially harsh remedies for copyright infringement, and the practical inability to obtain effective preclearance rights.Moreover, copyright owners have no obligation under existing law to respond to a cumulative creator's inquiry. Thus, a familiar refrain in professional creative communities is "if in doubt, leave it out." In this Article we propose a novel mechanism that would afford a …
Adapting Copyright For The Mashup Generation, Peter S. Menell
Adapting Copyright For The Mashup Generation, Peter S. Menell
Peter Menell
No abstract provided.
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Peter Menell
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this …
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Peter Menell
No abstract provided.
Copyright's Staple Article Of Commerce Doctrine: Patently Misguided, David Nimmer, Peter S. Menell
Copyright's Staple Article Of Commerce Doctrine: Patently Misguided, David Nimmer, Peter S. Menell
Peter Menell
No abstract provided.
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Peter Menell
Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to …