Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (130)
- Entertainment, Arts, and Sports Law (21)
- Internet Law (17)
- International Law (12)
- First Amendment (11)
-
- Social and Behavioral Sciences (11)
- Communications Law (10)
- Computer Law (9)
- Science and Technology Law (8)
- Constitutional Law (7)
- Law and Economics (6)
- Contracts (5)
- International Trade Law (5)
- Law and Society (5)
- Library and Information Science (5)
- Privacy Law (5)
- Arts and Humanities (4)
- Business (4)
- Communication (4)
- Legislation (4)
- Antitrust and Trade Regulation (3)
- Comparative and Foreign Law (3)
- Economics (3)
- European Law (3)
- Jurisprudence (3)
- Legal Remedies (3)
- Litigation (3)
- Property Law and Real Estate (3)
- Public Affairs, Public Policy and Public Administration (3)
- Institution
-
- Selected Works (20)
- SelectedWorks (12)
- University of Richmond (7)
- American University Washington College of Law (6)
- Boston University School of Law (6)
-
- Chicago-Kent College of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Vanderbilt University Law School (6)
- Loyola Marymount University and Loyola Law School (5)
- Pace University (5)
- University of Colorado Law School (5)
- Washington and Lee University School of Law (5)
- Georgetown University Law Center (4)
- The Catholic University of America, Columbus School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Pennsylvania Carey Law School (4)
- Fordham Law School (3)
- University of Georgia School of Law (3)
- University of Massachusetts School of Law (3)
- University of Nebraska - Lincoln (3)
- Columbia Law School (2)
- Duke Law (2)
- Florida State University College of Law (2)
- Georgia State University (2)
- Schulich School of Law, Dalhousie University (2)
- The University of Akron (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts Amherst (2)
- City University of New York (CUNY) (1)
- Florida A&M University College of Law (1)
- Publication
-
- Faculty Scholarship (12)
- Chicago-Kent Journal of Intellectual Property (6)
- Law Faculty Publications (6)
- Touro Law Review (6)
- Publications (5)
-
- Scholarly Works (5)
- All Faculty Scholarship (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Loyola of Los Angeles Entertainment Law Review (4)
- Pace Intellectual Property, Sports & Entertainment Law Forum (4)
- Washington and Lee Law Review (4)
- Jeffrey L Harrison (3)
- University of Massachusetts Law Review (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Akron Law Faculty Publications (2)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
- Bill D. Herman (2)
- Catholic University Law Review (2)
- CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) (2)
- Fordham Law Review (2)
- Francina Cantatore (2)
- Georgia Journal of International & Comparative Law (2)
- Joint PIJIP/TLS Research Paper Series (2)
- Laura Quilter (2)
- University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches (2)
- Vanderbilt Law School Faculty Publications (2)
- American University International Law Review (1)
- Amy L Landers (1)
- Publication Type
- File Type
Articles 1 - 30 of 156
Full-Text Articles in Law
Private Letters And The Law: Edith Wharton’S Questions About Ownership And The Right To Publish Private Letters, Deborah Hecht
Private Letters And The Law: Edith Wharton’S Questions About Ownership And The Right To Publish Private Letters, Deborah Hecht
Touro Law Review
No abstract provided.
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer
Matthew Rimmer
The Korea-Australia Free Trade Agreement 2014 (KAFTA) is a Kafkaesque agreement – with its secret texts, speculative claims, and shadowy tribunals. Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement2014 (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement. There has been much debate in the Australian Parliament over the transparency of the trade agreement; the scope of market access …
Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak
Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak
Oskar Liivak
In supporting gene patents, the patent office, the courts and other supporters have assumed that gene discoveries are identical to traditional inventions and therefore the patent system should treat them as identical. In other words, they have assumed that the relatively broad claims that are used for traditional inventions are also appropriate for encouraging gene discovery. This article examines this assumption and finds that gene discoveries are critically different from traditional inventions and concludes that the patent system cannot treat them as identical.
As a doctrinal matter, this article applies the generally overlooked constitutional requirements of inventorship and originality and …
Intellectual Property In Outer Space: International Law, National Jurisdiction, And Exclusive Rights In Geospatial Data And Databases, Lee Ann Lockridge
Intellectual Property In Outer Space: International Law, National Jurisdiction, And Exclusive Rights In Geospatial Data And Databases, Lee Ann Lockridge
Lee Ann W. Lockridge
No abstract provided.
The Past And Future Of Copyright Politics, Jessica Silbey
The Past And Future Of Copyright Politics, Jessica Silbey
Faculty Scholarship
No abstract provided.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
University of Massachusetts Law Review
Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Northern Illinois Law Review Supplement
This Article discusses Section 109 of the Copyright Act, the first sale doctrine, in the context of digital media and internet-based storage. Traditionally, the first sale doctrine served as an important limitation on the exclusive rights of copyright owners, allowing copies of lawfully obtained works to be resold without interference from the copyright owner. As a result of this limitation, physical media remains freely alienable after the first sale, providing secondary markets for used copies and more consumer choice. However, due to the nature of digital media and the recent market shift among media distributors, first sale doctrine has become …
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
Privacy, Copyright, And Letters, Jeffrey Harrison
Privacy, Copyright, And Letters, Jeffrey Harrison
Jeffrey L Harrison
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison
Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison
Jeffrey L Harrison
It is the position of this article that the benefits of a regime of copyright law can be maintained while shedding at least some of the wastefulness of monopolistic competition. This article cuts against the grain of modem copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. In Section II, I will elaborate on the allocative/distributive distinction and their interconnectedness. In Section III, I will focus on an enhanced creativity standard and argue that an elevated standard …
Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton
Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton
Jeffrey L Harrison
Hot news is factual, time-sensitive information ranging from baseball scores to the outbreak of war. In recent years, hot news has found its own niche among legal scholars and courts. When deconstructed, though, hot news is simply information and, like most information, it has a public good character. The problem ultimately is that news is non-excludable and non-rivalrous – discoverers or creators of hot news cannot exclude others from using the news and hot news is not destroyed when used. This means it may be produced at levels that are less than optimal.The critical element in hot news is lead …
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani
Touro Law Review
No abstract provided.
Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster
Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster
University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches
Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Fordham Law Review
Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology.
Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed …
The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan
The Ascendancy Of European Community Law--The Implications Of The Court Of Justice Decision In Magill On The Balance Between National And Ec Intellectual Property Law, Tanya Doherty Reagan
Georgia Journal of International & Comparative Law
No abstract provided.
Fitting United States Copyright Law Into The International Scheme: Foreign And Domestic Challenges To Recent Legislation, Michael B. Landau
Fitting United States Copyright Law Into The International Scheme: Foreign And Domestic Challenges To Recent Legislation, Michael B. Landau
Michael B. Landau
No abstract provided.
11th Circuit Court Of Appeals: Cambridge Univ. Press V. Patton, Opinion (2014), 11th Circuit Court Of Appeals
11th Circuit Court Of Appeals: Cambridge Univ. Press V. Patton, Opinion (2014), 11th Circuit Court Of Appeals
Georgia State University Copyright Lawsuit
No abstract provided.
Copyright, Fair Use, And Author Rights, Sue Ann Gardner
Copyright, Fair Use, And Author Rights, Sue Ann Gardner
University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches
From the promotional flyer for this talk:
Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.
In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …
Work Made For Hire -- Analyzing The Multifactor Balancing Test, Ryan Vacca
Work Made For Hire -- Analyzing The Multifactor Balancing Test, Ryan Vacca
Florida State University Law Review
Authorship of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer, not the employee, being the author and initial copyright owner. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, set forth a list of factors to distinguish employees from independent contractors. Unfortunately, the Supreme Court did not give further guidance on how to balance these factors. …
A Survey Of Copyright Law, Tammy W. Cowart, Pam Gershuny, Gwenda Hawk
A Survey Of Copyright Law, Tammy W. Cowart, Pam Gershuny, Gwenda Hawk
Legal Studies Papers and Presentations
This paper examines the persistence of state copyright laws, and the extent to which they still exist in light of federal copyright law to further understand how those state laws will be affected by possible preemption. Specifically, the scheme and penalty of unauthorized duplication and bootlegging statutes are examined from all fifty states. We further address areas where the Copyright Act would preempt these state laws.
Keep Your Friends Close: A Framework For Addressing Rights To Social Media Contacts, Courtney J. Mitchel
Keep Your Friends Close: A Framework For Addressing Rights To Social Media Contacts, Courtney J. Mitchel
Vanderbilt Law Review
A group of entrepreneurial recent college graduates starts a tutoring and test prep company focused on helping promising high school students get an edge on their college applications. Since the cost of print advertising exceeds the group's budget, they each actively promote the business on their personal social media accounts, garnering their first clients. They also create company accounts on Facebook, Linkedln, and Twitter, which clients join for easy, direct communication and quick access to information. Though all the founders contribute occasional posts and encourage their personal social media contacts to join the company accounts, one eventually becomes, in practice …
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Law Publications
The primary goal of this article is to look at the property attributes of copyright to inform a more nuanced understanding of the nature of copyright that emphasizes its distinct character. I resort primarily to James W. Harris' theory in Property and Justice, and in particular, on the insights that his characterization of property as the twin manifestation of trespassory rules and of an ownership spectrum, bring to the understanding of copyright. While copyright holders' right to exclude has been a focal point in copyright theory, looking at copyright through trespassory rules and the ownership spectrum allows me to discern …
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Scholarly Works
Federal copyright law provides a digital performance right that allows owners of sound recordings to receive royalties when their works are transmitted over the Internet or via satellite radio. However, this federal protection does not extend to pre-1972 sound recordings, which are excluded from the federal copyright system and instead left to the protections of state law. No state law explicitly provides protection for any type of transmission, a situation the owners of pre-1972 sound recordings find lamentable. These owners are therefore attempting to achieve such protection by various means. In California, they filed a lawsuit, claiming that they already …
Copyright’S Mercantilist Turn, Glynn S. Lunney Jr
Copyright’S Mercantilist Turn, Glynn S. Lunney Jr
Faculty Scholarship
Over the last twenty years, arguments for broader copyright have taken an increasingly mercantilist turn. Unable to establish that broader copyright will lead to more or better original works, as the Constitution and the traditional economic framework require, proponents have begun arguing for broader copyright on the basis of revenue and jobs. Rampant unauthorized copying is theft or piracy, proponents insist, depriving copyright owners of revenue and destroying jobs. Whether or not it leads to more or better works, broader copyright will increase revenue to copyright owners and thus increase employment in the copyright industries. This increased employment, on its …
A Functional Approach To Copyright Policy, Robert Suggs
A Functional Approach To Copyright Policy, Robert Suggs
Robert E. Suggs
This essay results from a half-century spent observing the development and stagnation of a once vital music form, jazz. Curiosity spurred its evolution when a successor to John Coltrane failed to emerge within a few years of his early death. Over the ensuing decades, I became concerned that advancing technology and the 1976 Copyright Act had fundamentally undermined our cultural ecology. Unnoticed over the past century, technology has changed our experience of expressive culture, (the stories, images, and melodies that copyright most strongly protects), from live performance in social settings to solitary consumption of recorded media. Neurologically and physiologically this …
Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
To © Or Not To ©? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
To © Or Not To ©? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
Akron Law Faculty Publications
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 …