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Full-Text Articles in Law

Resale Price Maintenance: Consignment Agreements, Copyrighted Or Patented Products And The First Sale Doctrine, Herbert J. Hovenkamp Dec 2010

Resale Price Maintenance: Consignment Agreements, Copyrighted Or Patented Products And The First Sale Doctrine, Herbert J. Hovenkamp

All Faculty Scholarship

The rule of reason adopted for resale price maintenance in the Supreme Court’s Leegin decision, which upset the century old Dr. Miles rule of per se illegality, requires some reconsideration of a number of issues about antitrust treatment of RPM. Under the old per se rule, bona fide “consignment” agreements were not covered by Section 1 of the Sherman Act at all because there was said to be no qualifying “agreement” between the supplier and the dealer. Rather the dealer was simply said to be acting as an agent of the seller. However, insofar as RPM produces competitive dangers, such …


Costos Sin Beneficios Análisis Económico Del Artículo 5 Bis Recientemente Incorporado Al Régimen De La Propiedad Intelectual, Maximiliano Marzetti Jan 2010

Costos Sin Beneficios Análisis Económico Del Artículo 5 Bis Recientemente Incorporado Al Régimen De La Propiedad Intelectual, Maximiliano Marzetti

Maximiliano Marzetti

El AED sirve para muchas cosas, en éste caso para atacar los pseudo-argumentos de una ley económicamente ineficiente y para descubrir los ganadores y perdedores de una reforma legislativa.

La reciente ley Nº 26.570 (que ha pasado casi desapercibida para la mayoría de los argentinos) incorpora el artículo 5 bis al Régimen de la Propiedad Intelectual (Ley Nº 11.723).

Un sólo artículo ha sido suficiente para extender el monopolio económico de artístas-intérpretes y productores de fonogramas por 20 años más (sin ninguna justificación valedera).

Han ganado los productores de fonogramas y las agencias de gestión colectiva; han perdido los consumidores …


Sequential Musical Creation And Sample Licensing, Peter Dicola Jan 2010

Sequential Musical Creation And Sample Licensing, Peter Dicola

Faculty Working Papers

All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …


Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman Jan 2010

Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman

Faculty Scholarship

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …


Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp Jan 2010

Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust and intellectual property law both seek to improve economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust reform began in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition - furthering goals of antitrust policy. Today, patent law has begun its own reform journey, but it is in a much earlier …


Some Optimism About Fair Use And Copyright Law, Michael J. Madison Jan 2010

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Articles

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.


Creativity And Craft, Michael J. Madison Jan 2010

Creativity And Craft, Michael J. Madison

Book Chapters

I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.


When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng Dec 2009

When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng

Alina Ng

This Article explores what authorship and creative production means in the digital age. Notions of the author as the creator of the work provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author, as the creator and producer of a work, has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author’s rights in his creation to provide the incentive to create and allow him to appropriate the social value generated by his creativity as recognition …


Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte Dec 2009

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.