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Full-Text Articles in Law

What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler Nov 2021

What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler

University of Miami Law Review

Recent lawsuits involving the Pirates of the Caribbean film franchise and the Oscar award-winning movie The Shape of Water required courts to wrestle with the application of the decisive scènes à faire doctrine. In doing so, the Ninth Circuit exposed the doctrine’s chief pitfall: the lack of a temporal framework.
The modern scènes à faire doctrine limits the scope of what authors can claim as substantially similar by excluding the standard or stock elements in a given expressive work from copyright protection. Courts will often conclude that a contested element is scènes à faire if it ...


Compensation For Medical Malpractice According To Sharia Rules. Mar 2021

Compensation For Medical Malpractice According To Sharia Rules.

Journal Sharia and Law

Medicine is a collective duty by practice and learning, and this might stipulate thereon as any permission job. The cure is either allowable or a bit due , and becomes duty if there was a damage when we left it. Insurance the spoiled caused by the doctor to the patient`sbody during the treatment has different rules according to the doctor situation and job circumstances, and we can classify prerequisites of this guarantee and behoove him to five degrees inception by the most Insurance one:

- Intentional action requires Kisas (punishment)] if he killed the patient by his treatment, he must be ...


Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr Mar 2021

Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr

Library Philosophy and Practice (e-journal)

The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy in ...


The Civil Liability Claim Arising Out Of The Infringement Of The Privacy Right A Study In Jordanian Private International Law, Nour Hamed Al-Hajaya Feb 2021

The Civil Liability Claim Arising Out Of The Infringement Of The Privacy Right A Study In Jordanian Private International Law, Nour Hamed Al-Hajaya

Journal Sharia and Law

Protection of privacy right is vital. Therefore, the injured person is entitled to claim damages for any infringement of his privacy right. However, claiming damages face some difficulties pertaining to the determination of the competent court and the applicable law in case where the infringement involves a foreign element. This Article is devoted to tackle these two issues in two chapters and a conclusion. Chapter one will tackle the issue of competent court through the application of the criteria stated in Articles 27 and 28 of the Jordanian Law of Civil Proceedings on the International Jurisdiction of Jordanian Courts to ...


Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu Jan 2021

Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu

Journal of Intellectual Property Law

Copyright infringement is a widespread phenomenon that produces massive financial losses to stakeholders. Based on an extensive examination of damage awards in copyright infringement cases from the United States, Canada, Singapore, and Italy, this article proposes a comprehensive cross-jurisdictional analysis. The analysis regards types, factors, methodologies, and arguments. This article's findings can be used to adjust the provisions regarding damage awards, to improve the litigation of such cases, to elaborate educational materials, for professional programs or law school clinics, and to develop better prevention policies. The proposed improvements could lead to a more unified approach to damage awards, increase ...


What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn Jan 2021

What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn

Catholic University Journal of Law and Technology

Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.

Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability for ...


We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey Jan 2021

We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey

Faculty Scholarship

Fifteen years after the Piracy Paradox explained how most anti-copying protection is unnecessary for a thriving fashion industry, we face another piracy paradox: with broader and stronger IP laws and a digital economy in which IP enforcement is more draconian than ever, what explains the ubiquity of everyday copying, sharing, re-making and re-mixing practices that are the life blood of the internet's expressive and innovative ecosystems? Drawing on empirical data from a decade of research, this short essay provides two examples of this "new piracy paradox": a legal regime that ostensibly punishes piracy in a culture in which it ...


Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl Jan 2021

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Faculty Scholarship at Penn Law

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv ...


The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton Dec 2020

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual ...


Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused Dec 2020

Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.


Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold Oct 2020

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.

This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This ...


Placebo Marks, Jake Linford Jan 2020

Placebo Marks, Jake Linford

Pepperdine Law Review

Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as wasteful, if not anticompetitive. But recent marketing research shows that trademarks with a high-performance reputation may sometimes influence perception to the benefit of the consumer. A trademark with a high-performance reputation can deliver a performance-enhancing placebo effect. Research subjects perform better at physical and mental tasks when they prepare or play with a product bearing ...


Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi Jan 2020

Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi

Marquette Intellectual Property Law Review

None.


Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young Jan 2020

Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young

FIU Law Review

No abstract provided.


Franchise Participants As Proper Patent Opponents: Walker Process Claims, Robert W. Emerson Jan 2020

Franchise Participants As Proper Patent Opponents: Walker Process Claims, Robert W. Emerson

Vanderbilt Journal of Entertainment & Technology Law

Franchise parties may be sued for patent infringement, or they may seek to sue others for an antitrust injury as the result of a fraudulently obtained patent. Indeed, franchisors and franchisees may simultaneously fall under both categories-sued for infringement but aggrieved because the very basis of that suit is illegitimate in their eyes. These franchise parties may turn for relief to a patent-validity challenge authorized in the seminal case Walker Process Equipment, Inc. v. Food Machine & Chemical Corp. Franchise participants-franchisees and franchisors alike-may be the ideal Walker Process claimants. When these types of cases occur, the damages within the franchise ...


Monetizing Infringement, Kristelia García Jan 2020

Monetizing Infringement, Kristelia García

Articles

The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. Rightsholders’ ability to monetize infringement destabilizes long-held but problematic assumptions about both ...


Restructuring Copyright Infringement, Gideon Parchomovsky, Abraham Bell Jan 2020

Restructuring Copyright Infringement, Gideon Parchomovsky, Abraham Bell

Faculty Scholarship at Penn Law

Copyright law employs a one-size-fits-all strict liability regime against all unauthorized users of copyrighted works. The current regime takes no account of the blameworthiness of the unauthorized user or of the information costs she faces. Nor does it consider ways in which the rightsholders may have contributed to potential infringements, or ways in which they could have cheaply avoided them. A non-consensual use of a copyrighted work entitles copyright owners to the full panoply of remedies available under the Copyright Act, including supra-compensatory damage awards, disgorgement of profits and injunctive relief. This liability regime is unjust, as it largely fails ...


Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga Jan 2020

Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga

NYLS Law Review

No abstract provided.


Improper Appropriation, Daniel J. Gervais Oct 2019

Improper Appropriation, Daniel J. Gervais

Daniel J Gervais

The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is that the plaintiff must first show that her work was actually copied; second, she must establish substantial similarity and/or that the copying amounts to an improper or unlawful appropriation. The second prong is satisfied when (i) protected expression in the earlier work was copied and (ii) the amount of the copyrighted work that is copied must be more than de minimis. This Article examines, first, how impropriety ...


Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner Apr 2019

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner

Library Conference Presentations and Speeches

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who owns UNL content?

Who owns UNL courses?

Green Open access

Most commercial ...


Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick Apr 2019

Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick

Pepperdine Law Review

At any given fast fashion store, there may be a near exact replica of a ‘designer’ clothing item that sells for four times less than the amount it would at a luxury retailer. Wait—isn’t that illegal? After the Supreme Court’s landmark separability test created in Star Athletica, the answer may soon be yes. Fast fashion chains make their money exploiting the historical lack of copyright protection in the fashion industry. Lamps, shoes, and clothes have long been held ineligible for copyright protection because the utilitarian features are inseparable from the artistic. In other words, the part of ...


Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson Feb 2019

Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson

Chicago-Kent Journal of Intellectual Property

In the wake of the U.S. Supreme Court’s ruling in Star Athletica v. Varsity Brands in 2017, U.S. federal district courts and the Copyright Office Review Board have grappled with the Supreme Court’s reimagined conceptual separability test for determining the copyrightability of artistic aspects of useful articles. An examination of the decisions in the first eighteen months post-Star Athletica reveals district courts have interpreted the Supreme Court’s guidance inconsistently, with some courts adding language to the test and even using overruled portions of previous tests. The author takes an empirical approach to evaluating such ...


Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards Jan 2019

Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.


Improper Appropriation, Daniel J. Gervais Jan 2019

Improper Appropriation, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is that the plaintiff must first show that her work was actually copied; second, she must establish substantial similarity and/or that the copying amounts to an improper or unlawful appropriation. The second prong is satisfied when (i) protected expression in the earlier work was copied and (ii) the amount of the copyrighted work that is copied must be more than de minimis. This Article examines, first, how impropriety ...


Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang Jan 2019

Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang

Maurer Theses and Dissertations

As the Electronic Commerce Law went into effective in Jan. 1st, 2019, not only did China establish a unified IP protection system of ISPs, but also set up a blueprint for a comprehensive mechanism of ISPs for the future improvement. The question is whether this new law can effectively prevent the serious IP infringement issues of ISPs and therefore successfully improve the IP protection in China. To answerer this question, the dissertation analyzes the development of the mechanism of ISPs in copyright and trademark regimes before the Electronic Commerce Law, and seeks to demonstrate the impact of the Electronic Commerce ...


Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean Dec 2018

Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean

Daniel Harris Brean

Patents define an inventor’s exclusive rights by reciting essential aspects of the invention in sentences called claims.  The claims are drafted in varying degrees of technical specificity, such that each claim is legally distinct—some may be valid or infringed while others are not.  Most commonly, this variation is accomplished by using a combination of “independent” and “dependent” claims. Independent claims stand alone, while dependent claims incorporate by reference all the features recited in the independent claims but go on to add further features or details.  The result is a range of potential infringing activity that triggers liability, from ...


Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson Dec 2018

Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli Dec 2018

The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli

University of Miami Business Law Review

This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this ...


The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov Sep 2018

The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov

Review of law sciences

In the article, the issues of cooperation of family, neighborhood and other public organizations in the formation of legal mind and legal culture are analyzed. Suggestions and recommendations possessing practical value to further development to improve the activity of civil institutions to upgrade legal mind and legal culture are stated.


The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov Sep 2018

The Issues Of Cooperation Within Family, Makhalla And Public Organizations In The Formation Of Legal Consciousness, M. Najimov

Review of law sciences

In the article, the issues of cooperation of family, neighborhood and other public organizations in the formation of legal mind and legal culture are analyzed. Suggestions and recommendations possessing practical value to further development to improve the activity of civil institutions to upgrade legal mind and legal culture are stated.