Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
The Challenges Of Reforming Intellectual Property Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Applying Fundamental Copyright Principles To Lotus Development Corp. V. Borland International, Inc, Dennis S. Karjala, Peter S. Menell
Peter Menell
No abstract provided.
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Judicial Resistance To Copyright Law's Inalienable Right To Terminate Transfers, Peter S. Menell, David Nimmer
Peter Menell
No abstract provided.
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Pooh-Poohing Copyright Law's Inalienable Termination Rights, Peter S. Menell, David Nimmer
Peter Menell
From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and the enterprises that distribute their works. And for almost as long as copyright has existed, there has been concern about creators getting the short end of the stick in their dealings with distributors. Since 1909, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, decades later, to recapture those same rights. After judicial interpretation of the 1909 Act frustrated this intent by upholding advance assignments of …
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Peter Menell
The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that `virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system ... .' Professor Epstein purports to validate what he calls the `carryover …