Intellectual Property Law Commons^™

Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar

Georgia Journal of Law & Technology

No abstract provided.

The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert

Georgia Journal of Law & Technology

No abstract provided.

Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau

Georgia Journal of Law & Technology

No abstract provided.

Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler

Georgia Journal of Law & Technology

No abstract provided.

Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper

Georgia Journal of Law & Technology

No abstract provided.

Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow

Georgia Journal of Law & Technology

No abstract provided.

Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson

Georgia Journal of Law & Technology

No abstract provided.

Getting Patent Preemption Right, Camilla A. Hrdy

Georgia Journal of Law & Technology

No abstract provided.

The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen

Georgia Journal of Law & Technology

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. Infact, the uniformity argument was a primary justification for theenactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.

The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason for the …

Equitable Resale Royalties, Brian L. Frye

Georgia Journal of Law & Technology

A “resale royalty right” is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. Many countries have created a resale royalty right, but the United States has not, and a federal court recently held that a resale royalty right created by California was preempted by federal law.

Commentators disagree about the justification of the resale royalty right. Supporters argue that equity entitles artists to a resale royalty right, which also encourages the production of artwork and protects artists from exploitation. Opponents argue that the resale royalty right …

Powering Intellectual Property Sharing: How To Make Tesla’S Patent Pledge Effective, Benjamin M. Hill

Georgia Journal of Law & Technology

No abstract provided.

Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley

Georgia Journal of Law & Technology

No abstract provided.

A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger

Georgia Journal of Law & Technology

No abstract provided.

Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet

Georgia Journal of Law & Technology

No abstract provided.

Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth

Georgia Journal of Law & Technology

No abstract provided.

Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams

Georgia Journal of Law & Technology

No abstract provided.

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley

Georgia Journal of Law & Technology

The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …

Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala

Georgia Journal of Law & Technology

No abstract provided.

Table Of Contents, Vol 24:1, Journal Of Intellectual Property Law

Georgia Journal of Law & Technology

No abstract provided.

Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer

Georgia Journal of Law & Technology

No abstract provided.

The Drug Short: A New Mechanism For Creating Financial Incentives For The Discovery Of Invalid Pharmaceutical Patents, Christopher Edward Neill

Georgia Journal of Law & Technology

No abstract provided.

Caught Between A Mark And A Hard Place: Resolving U.S.-Cuban Trademark Disputes In A Post-Embargo World, Mary Grace Griffin

Georgia Journal of Law & Technology

No abstract provided.

Keep It Secret, Keep It Safe: Protecting Trade Secrets By Revisiting The Reasonable Efforts Requirement In Federal Law, Molly Hubbard Cash

Georgia Journal of Law & Technology

No abstract provided.

Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina

Georgia Journal of Law & Technology

No abstract provided.

A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo

Georgia Journal of Law & Technology

No abstract provided.

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Georgia Journal of Law & Technology

No abstract provided.

Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox

Georgia Journal of Law & Technology

No abstract provided.

I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition

Georgia Journal of Law & Technology

The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators' rights …

The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm

Georgia Journal of Law & Technology

No abstract provided.

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Georgia Journal of Law & Technology

No abstract provided.