Law Commons^™

Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann

Briefs

No abstract provided.

Whose Progress?, Laura A. Heymann

Faculty Publications

Article I, Section 8, Clause 8 of the U.S. Constitution provides that Congress shall have power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” These words have been the subject of countless books and scholarly articles. Professor Silbey’s engaging contribution [in Against Progress: Intellectual Property Law and Fundamental Values in the Internet Age] to the conversation focuses on one word—progress—and what it should mean as we think about intellectual property law’s motivations and justifications in the twenty-first century.

But even …

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 …

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 (and profitable) enterprise, and the …

Authorship, Attribution, And Audience, Laura A. Heymann

Popular Media

No abstract provided.

The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr

Library Staff Publications

No abstract provided.

Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann

Faculty Publications

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.

When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …

Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller

Library Staff Publications

No abstract provided.

Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele

Popular Media

No abstract provided.

Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

No abstract provided.

The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele

Library Staff Publications

The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse

Library Staff Publications

No abstract provided.

Copyright And Research In Google Book Search, Benjamin J. Keele

Library Staff Publications

Many researchers—even trained professionals—often use the Google search engine to begin searches for information. Google’s many products enable researchers to search public websites, scholarly articles, and even patents. One vast area of information not yet thoroughly indexed by Google is print books. Google Book Search (also at times referred to as Google Books, Google Print and Google Library Project) is the company’s effort to digitize and index the world’s print literature.

Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.

What Kinds Of Statutory Restrictions Are Jurisdictional?, Scott Dodson

Faculty Publications

Section 411(a) of the Copyright Act of 1976 provides that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made.” In this case, a district court approved a class action settlement that purported to resolve both registered and unregistered copyright claims. The Supreme Court is being asked to decide whether that registration requirement is a limitation on federal court subject-matter jurisdiction.

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Faculty Publications

No abstract provided.

Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.

Library Staff Publications

No abstract provided.

The Trademark/Copyright Divide, Laura A. Heymann

Faculty Publications

No abstract provided.

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.

"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller

Library Staff Publications

No abstract provided.

Copyright And Fair Use In Law Office Libraries, James S. Heller

Library Staff Publications

No abstract provided.

Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy

Faculty Publications

No abstract provided.

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.

The Impact Of Recent Litigation On Interlibrary Loan And Document Delivery, James S. Heller

Faculty Publications

Professor Heller discusses how two recent federal copyright law decisions, Campbell v. Acuff-Rose Music in the United States Supreme Court and American Geophysical Union v. Texaco in the Second Circuit, may affect the interlibrary loan and document delivery services provided by libraries.