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Full-Text Articles in Law

Preserving An Independent Judiciary In Turbulent Times, Kathleen M. O'Malley Sep 2020

Preserving An Independent Judiciary In Turbulent Times, Kathleen M. O'Malley

Stanley H. Mervis Lecture

No abstract provided.


The Meaning Of Mcdonald's [(R)], Laura A. Heymann Sep 2020

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.


United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann Jul 2020

United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann

Popular Media

No abstract provided.


Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec Jun 2020

Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec

Faculty Publications

Courts and scholars have long parsed the characteristics of patent grants and likened them, alternately, to real or personal property law, monopolies, public franchises and other regulatory grants, or a hybrid of these. The characterizations matter, because they can determine how patents are treated for the purposes of administrative review, limitations, and remedies, inter alia. And these varied treatments in turn affect incentives to innovate. Patents are often likened to real property in an effort to maximize rights and allow inventors to internalize all of the benefits from their activities. And courts often turn first to real property analogies when ...


Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann Jan 2020

Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann

Faculty Publications

Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases ...


The Harmonization Myth In International Intellectual Property Law, Sarah R. Wasserman Rajec Jan 2020

The Harmonization Myth In International Intellectual Property Law, Sarah R. Wasserman Rajec

Faculty Publications

There is a dominant narrative in international intellectual property ("IP") law of ever-increasing harmonization. This narrative has been deployed in ways descriptive, prescriptive, and instrumental: approximating the historical trend, providing justification, and establishing the path forward. Appeals to harmonization are attractive. They evoke a worldwide partnership and shared sacrifice to meet the goals of innovation and access to technology through certainty, efficiency, and increased competition through lowered trade barriers. Countries with strong IP protections consistently and successfully tout the importance of certainty and lower trade barriers when seeking new and stronger protections from countries with lower levels of protection. Yet ...


What We've Got Here Is A Failure To Indicate, Laura A. Heymann Dec 2019

What We've Got Here Is A Failure To Indicate, Laura A. Heymann

Popular Media

No abstract provided.


Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney Oct 2019

Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney

Briefs

No abstract provided.


Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen Apr 2019

Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen

Library Staff Publications

No abstract provided.


Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern Mar 2019

Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern

Faculty Publications

How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a trade-off between assigning entitlements to resources earlier or later in the process of their development and use. Early awards risk granting exclusivity to parties who may not be capable of putting resources to their best use. Late awards prolong contests for ownership, which may generate waste or discourage acquisition efforts ...


Who Owns (What We Characterize As) The News?, Laura A. Heymann Jan 2019

Who Owns (What We Characterize As) The News?, Laura A. Heymann

Faculty Publications

Will Slauter’s Who Owns the News? (2019) is subtitled A History of Copyright, but it could just as easily have been subtitled A History of Journalism. Slauter’s thoughtful and detailed story of the battle among newspaper publishers to secure legal and other protection for their work product is inseparable from questions about what it means for something to be “news” in the first place—and, indeed, whether “journalism” is something different from “news.” Developments subsequent to Slauter’s history—the emergence of the journalist as a literary figure, the heightened need to see news publishing as an economic ...


Reasonable Appropriation And Reader Response, Laura A. Heymann Jan 2019

Reasonable Appropriation And Reader Response, Laura A. Heymann

Faculty Publications

Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and ...


Copyright And The Single Work, Laura A. Heymann Nov 2018

Copyright And The Single Work, Laura A. Heymann

Popular Media

No abstract provided.


Infringement, Unbound, Sarah R. Wasserman Rajec Oct 2018

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Creative Communities And Intellectual Property Law, Laura A. Heymann Nov 2017

Creative Communities And Intellectual Property Law, Laura A. Heymann

Popular Media

No abstract provided.


Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec Jun 2017

Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec

Popular Media

No abstract provided.


Reading Together And Apart: Juries, Courts, And Substantial Similarity In Copyright Law, Laura A. Heymann May 2017

Reading Together And Apart: Juries, Courts, And Substantial Similarity In Copyright Law, Laura A. Heymann

Faculty Publications

No abstract provided.


Copyright Law’S Origin Stories, Laura A. Heymann Dec 2016

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.


The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec Dec 2016

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional ...


Section 3: Business, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2016

Section 3: Business, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome (Program), Pamela Samuelson Apr 2016

Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome (Program), Pamela Samuelson

Stanley H. Mervis Lecture

No abstract provided.


Patents Absent Adversaries, Sarah R. Wasserman Rajec Apr 2016

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer Jan 2016

Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer

Library Staff Publications

The Copyright Act of 1976 provides that works—including scholarship—written within the scope of employment belong to employers. But copyright law and actual practices widely diverge. The academic community generally allows librarians to claim ownership of their writing, even when that ignores copyright law. Mr. Hellyer supports copyright ownership by librarians, and calls for the law and common practices to be harmonized.


What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros Jan 2016

What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros

Library Staff Publications

No abstract provided.


Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman Dec 2015

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Popular Media

No abstract provided.


Authorship, Attribution, And Audience, Laura A. Heymann Dec 2015

Authorship, Attribution, And Audience, Laura A. Heymann

Popular Media

No abstract provided.


Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann Feb 2015

Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann

Popular Media

No abstract provided.


Abc V. Aereo And The Humble Judge, James Y. Stern Jan 2015

Abc V. Aereo And The Humble Judge, James Y. Stern

Faculty Publications

No abstract provided.


Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec Apr 2014

Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec

Faculty Publications

Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants ...


Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec Dec 2013

Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec

Faculty Publications

Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses ...