Intellectual Property Law Commons^™

Towards A Doctrine Of Fair Use In Some Of Patent Law, Joshua I. Miller

Intellectual Property Brief

No abstract provided.

Balkanization Of The Local Patent Rules And A Proposal To Balance Uniformity And Local Experimentation, Grace Pak

Intellectual Property Brief

No abstract provided.

Reclaiming Our Technological Posterity At The Intersection Of Intellectual Property And Taxation: Uncovering How Patent Pools Are Key To Recovering The Benefits Of Charitable Ip Contributions, Kevin Christopher

Intellectual Property Brief

No abstract provided.

Stifling Scientific Progress: The District Court’S Decision In Myriad, Seth R. Ogden

Intellectual Property Brief

No abstract provided.

Copyright In The Classroom: Why Comprensive Copyright Education Is Necessary In United States K-12 Education Curriculum, Eric Perrott

Intellectual Property Brief

No abstract provided.

Confronting The Crisis In Scientific Publishing: Latency, Licensing And Access, Jorge L. Contreras

Joint PIJIP/TLS Research Paper Series

The serials crisis in scientific publishing can be traced to the long duration of copyright protection and the assignment of copyright by researchers to publishers. Over-protection of scientific literature has enabled commercial publishers to increase subscription rates to a point at which access to scientific information has been curtailed with negative social welfare consequences. The uniformity costs imposed by such over-protection can be addressed by tailoring intellectual property rights, either through legal change or private ordering.

Current open access channels of distribution offer alternative approaches to scientific publishing, but neither the Green OA self-archiving nor the Gold OA author-pays models …

Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos

Intellectual Property Brief

No abstract provided.

The Government Is Wrong: The Case For Human Gene Patents And Thegenomics Revolution, Jonathan Stroud

Intellectual Property Brief

No abstract provided.

Chanel Avoids Genericide By Taking Its Trademark Seriously, Ashley Kobi

Intellectual Property Brief

No abstract provided.

The Absence Of Common Sense From The Copyright Act’S Treatment Ofsoftware And The First Sale Doctrine, James Lafave

Intellectual Property Brief

No abstract provided.

Reverse Engineering: Exploitation For Benefit Of All, Daniel Lee

Intellectual Property Brief

No abstract provided.

U.S. Senators Continue War On Internet With “Online Infringement” Bill, Ashlee Hodge

Intellectual Property Brief

No abstract provided.

Avenues To Reduce Total Patent Pendency In Order To Boost The United States Economy, Alexandria Yasmin Bromell

Intellectual Property Brief

No abstract provided.

Reinforcing The Tower Of Babel: The Impact Of Copyright Law On Fansubbing, Latoya D. Rembert-Lang

Intellectual Property Brief

No abstract provided.

Special 301 And Access To Medicine In The Obama Administration, Sean M. Flynn

Intellectual Property Brief

No abstract provided.

Workshop On Research And Resource Commons In Scientific Research: Final Report, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

In November of 2011, the Washington College of Law at American University convened and hosted a two-day workshop in collaboration with the Creative Commons to develop a strategy for promoting a commons or scientific research and related resources. The workshop brought together interested stakeholders from across the scientific research enterprise: scientists, administrators, librarians, publishers, societies, technologists, lawyers, policy makers, students, funders, and Open Science advocates, including both U.S. and international representatives. This diverse group discussed the current state of policy and technology as it relates to a scientific research commons, and identified key opportunities and challenges, as well as next …

The Unpredictability Of Patent Litigation Damage Awards: Causes And Comparative Notes, Axel Schmitt-Nilson

Intellectual Property Brief

No abstract provided.

The Graduated Response: Digital Guillotine Or A Reasonable Plan For Combating Online Piracy?, Danielle Serbin

Intellectual Property Brief

No abstract provided.

A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson

Intellectual Property Brief

No abstract provided.

When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton

Intellectual Property Brief

No abstract provided.

Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener

Intellectual Property Brief

No abstract provided.

One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft For 3rd Revision Of The Chinese Copyright Law, Hong Xue

Joint PIJIP/TLS Research Paper Series

On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups. It is unfortunate that China, the largest country by both population and Internet users, despite its fast-growing economy, seems missing the opportunities to craft a 21st-Century Copyright Law, but instead follows the old path of “the more the better” (more copyright protection and enforcement, the better economic …

Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …

To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja

Intellectual Property Brief

No abstract provided.

Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis

Intellectual Property Brief

No abstract provided.

Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson

Intellectual Property Brief

No abstract provided.

Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey

Intellectual Property Brief

No abstract provided.

Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos

Intellectual Property Brief

No abstract provided.

The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture, Nina Mantilla

Intellectual Property Brief

No abstract provided.

Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton

Intellectual Property Brief

No abstract provided.