Intellectual Property Law Commons^™

Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele

Library Staff Publications

No abstract provided.

An Overview Of Patent Prosecution, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

A Name I Call Myself: Creativity And Naming, Laura A. Heymann

Faculty Publications

In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …

Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele

Popular Media

No abstract provided.

The Natural Flow Of Ideas: Why The Fifth Amendment Takings Clause And An Obscure Water-Rights Decision Might Thwart Attempts At Streamlining The Patent Queue, Joseph Kamien

William & Mary Bill of Rights Journal

No abstract provided.

The Null Patent, Sean B. Seymore

William & Mary Law Review

Failure is the basis of much of scientific progress because it plays a key role in building knowledge. In fact, negative results compose the bulk of knowledge produced in scientific research. This is not a bad thing because failures always produce valuable technical information—whether it be a serendipitous finding, an abundance of unexpected technical data, or simply knowledge that an initial hypothesis was totally wrong. Though some have recognized that the dissemination of negative results has many upsides for science, transforming scientific norms toward disclosure is no easy task. As for patent law, the potentially important role that negative results …

What Is The "Invention"?, Christopher A. Cotropia

William & Mary Law Review

Patent law is in flux, with recent disputes and changes in doctrine fueled by increased attention from the Supreme Court and en banc activity by the Federal Circuit. The natural reaction is to analyze each doctrinal area involved on its own. Upon a closer look, however, many patent cases concern a single, fundamental dispute. Conflicts in opinions on such issues as claim interpretation methodology and the written description requirement are really disagreements over which “invention” the courts should be considering.

There are two concepts of invention currently in play in patent decisions. The first is an “external invention” definition, in …

Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson

Student Award Winning Papers

The purpose of the right of publicity is to provide all individuals the right to control the commercial use of their attributes such as likeness, image or name. This state-based right is primarily concerned with protecting celebrities, hereinafter referred to as “personalities.”1 As the right gained more recognition from courts and legislatures in the last 25 years, its value to personalities increased substantially. Sport, entertainment and public figures, like Tiger Woods, Bill Clinton and Woody Allen, make millions of dollars2 from endorsements, speaking engagements, and right of publicity claims. Personalities are also taking advantage of the wide variation in right …

The Search For America's Most Eligible Patent: The Impact Of The Bilski Decision On Obtaining Patents For Processes And Business Methods, Mark Connolly

William & Mary Business Law Review

For one year, the business community, patent lawyers, and the media in the United States speculated as to how the Supreme Court would rule in Bilski v. Kappos. Some forecasted the end of all business method patents, while others advanced the idea that after the case, practically any business method could be patented. When the dust settled, the Court’s holding did neither: it determined that the machine-or-transformation test is not the exclusive test for patent eligibility under Section 101, and left open the possibility for business method patents to withstand future challenges.

While this result frustrated many that advocated for …

Book Review Of Citizens And E-Government: Evaluating Policy And Management, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec

Faculty Publications

An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …

Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

No abstract provided.

The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele

Library Staff Publications

The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.

Book Review Of Patent Reform In The 112th Congress: Innovation Issues, Benjamin J. Keele

Library Staff Publications

No abstract provided.

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse

Library Staff Publications

No abstract provided.

Book Review Of Research Handbook On The Protection Of Intellectual Property Under Wto Rules And Research Handbook On The Interpretation And Enforcement Of Intellectual Property Under Wto Rules, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Rules For Patents, Michael J. Burstein

William & Mary Law Review

There is widespread agreement that the patent system in the United States is in need of reform. Most of the proposals for patent reform that have proliferated in recent years share two common assumptions: first, that patent policy is best made through case-bycase adjudication of the validity of individual patents; and, second, that the existing allocation of authority over patent policy, in which the courts are primarily responsible for interpreting and applying the broad language of the Patent Act, ought not to be disturbed. This
Article challenges both assumptions. I approach the problem of patent reform primarily as a problem …

Naming, Identity, And Trademark Law, Laura A. Heymann

Faculty Publications

As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …

Causing Damage Without Authorization: The Limitations Of Current Judicial Interpretations Of Employee Authorization Under The Computer Fraud And Abuse Act, Garrett D. Urban

William & Mary Law Review

No abstract provided.

Eco-Patent Commons: A Donation Approach Encouraging Innovation Within The Patent System, Andrew Boynton

William & Mary Environmental Law and Policy Review

No abstract provided.

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Copyright And Research In Google Book Search, Benjamin J. Keele

Library Staff Publications

Many researchers—even trained professionals—often use the Google search engine to begin searches for information. Google’s many products enable researchers to search public websites, scholarly articles, and even patents. One vast area of information not yet thoroughly indexed by Google is print books. Google Book Search (also at times referred to as Google Books, Google Print and Google Library Project) is the company’s effort to digitize and index the world’s print literature.

The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat

William & Mary Law Review

This Article argues that employee noncompetition agreements ought to be unenforceable. It begins by recognizing that there is momentum for change in the law of noncompetes: a number of states and the American Law Institute (ALI) are in the process of reconsidering noncompete doctrine, and recent empirical studies provide evidence as to the mostly negative effects of the agreements. Existing critiques have focused on the problematic nature of noncompetes within the employment relationship. This Article synthesizes those critiques, adding support from empirical studies, and then examines noncompetes from a new perspective.

Commentators have neither recognized nor evaluated the role noncompetes …

First Amendment Based Copyright Misuse, David S. Olson

William & Mary Law Review

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …

Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.