Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis
Journal of Intellectual Property Law
No abstract provided.
"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind
"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind
Loyola of Los Angeles Entertainment Law Review
The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …
Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong
Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong
The University of Cincinnati Intellectual Property and Computer Law Journal
This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …