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Articles 1 - 6 of 6
Full-Text Articles in Law
The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Articles
This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.
Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison
Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison
Articles
This Essay responds to There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, by Dotan Oliar and Christopher Sprigman. It argues that case studies of disciplines and domains that may be governed by intellectual property regimes are invaluable tools for comparative analysis of the respective roles of law and other forms of social order. The Essay examines the case of stand-up comedy under a lens that is somewhat broader than the one used by the authors of the original study, one that takes into account not only the social norms of individual …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Articles
Law and knowledge jointly occupy a metaphorical landscape. Understanding that landscape is essential to understanding the full complexity of knowledge law. This Article identifies some landmarks in that landscape, which it identifies as forms of legal practice: several recent cases involving intellectual property licenses, including the recent patent law decision in Quanta v. LG Electronics and the open source licensing decision in Jacobsen v. Katzer. The Article offers a preliminary framework for exploring the territories of knowledge practice in which those legal landmarks appear.
'We, The Paparazzi': Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
'We, The Paparazzi': Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
Articles
In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation - the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Articles
The digital age brought many challenges for copyright law. While offering enticing new formats for the production and dissemination of copyright content, it also raised the specter of large scale digital piracy. Since the end of the 20th century, content industries have reeled to keep up with technological developments that offer significant promise as well as threats of large scale piracy. There has always been some tension between promoting innovation in content creation and promoting innovation in technologies that enable the enjoyment of copyright works, such as photocopiers, audio tape recorders, video tape recorders, and peer-to-peer file sharing systems. The …
To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
Articles
Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against extending …