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Open Access. Powered by Scholars. Published by Universities.®

2018

Intellectual Property Law

Selected Works

Lucas S. Osborn

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Full-Text Articles in Law

Intellectual Property Channeling For Digital Works, Lucas S. Osborn Dec 2017

Intellectual Property Channeling For Digital Works, Lucas S. Osborn

Lucas S. Osborn

Market economies are based on free competition, which can include copying. Yet intellectual property protection in the United States prohibits copying in certain circumstances to incentivize innovation and creativity. New breeds of digital works are challenging our historical application of intellectual property law. These include certain categories of software programs as well as digital manufacturing files. These new works look deceptively like works from a previous era and thus, courts might languorously treat them as they have older works. This would be a mistake. This Article analyzes these works in terms of existing intellectual property doctrine and constructs a normative …