Law Commons^™

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.

Standards Of Proof In Civil Litigation: An Experiment From Patent Law, Christopher B. Seaman

Christopher B. Seaman

No abstract provided.

Gray Days Ahead?: The Impact Of Quality King Distributors, Inc. V. L'Anza Research International, Inc. , William Richelieu

Pepperdine Law Review

No abstract provided.

The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks

Seattle University Law Review

While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …

The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer

Faculty Scholarship

This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.

District Court: Final Order (2012), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.

A Generation Of Software Patents, James Bessen

Faculty Scholarship

This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.

District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans

Georgia State University Copyright Lawsuit

Ruling from the District Court

Cambridge Univ. Press v. Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012)

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, …

Chinese Patents As Copyrights, Benjamin Piwei Liu

Campbell Law Review

Although harmonization efforts such as the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Corporation Treaty regime have brought national patent systems closer, differences among them remain a continuing challenge to innovators in an interconnected global marketplace. The recent development of the Chinese patent system is of particular interest because China is the factory of the world, the most populous market, the home of the patent office that handles the most patent application filings, and the number one source of imports that violate intellectual property rights (IPR). Its patent system affects every company whose supply …

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …

Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble

Scholarly Works

No abstract provided.