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Articles 181 - 210 of 467
Full-Text Articles in Intellectual Property Law
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Georgia Journal of Law & Technology
No abstract provided.
The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn
The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn
Georgia Journal of Law & Technology
No abstract provided.
Claims As Pointers: The Statutory Approach To Claim Construction, Joseph Mueller
Claims As Pointers: The Statutory Approach To Claim Construction, Joseph Mueller
Georgia Journal of Law & Technology
No abstract provided.
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
Georgia Journal of Law & Technology
No abstract provided.
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey
Georgia Journal of Law & Technology
This article explores the copyright principle of media neutrality in the context of three sets of cases dealing with videogame enhancements, database compilations, and peer-to-peer file sharing. In each set of cases, at least one court produces a judgment which relies heavily on technological distinctions among electronic storage and retrieval systems, in apparent contravention of the media neutrality principle. Media neutrality confers fairly broad authority on courts to extend protection to copyrighted content distributed through new technologies. However, judicial concerns about the relative institutional competencies of Congress and the courts, most clearly expressed in the Sony decision, rightly impose limitations …
Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman
Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman
Georgia Journal of Law & Technology
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Georgia Journal of Law & Technology
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt
Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt
Georgia Journal of Law & Technology
No abstract provided.
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
Georgia Journal of Law & Technology
No abstract provided.
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Georgia Journal of Law & Technology
No abstract provided.
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Georgia Journal of Law & Technology
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Georgia Journal of Law & Technology
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Georgia Journal of Law & Technology
No abstract provided.
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Georgia Journal of Law & Technology
No abstract provided.
Machinima And Copyright Law, Matthew Brett Freedman
Machinima And Copyright Law, Matthew Brett Freedman
Georgia Journal of Law & Technology
No abstract provided.
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Georgia Journal of Law & Technology
No abstract provided.
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Georgia Journal of Law & Technology
No abstract provided.
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Georgia Journal of Law & Technology
The monopoly theory of trademarks would antitrustize trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
Georgia Journal of Law & Technology
No abstract provided.
Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi
Georgia Journal of Law & Technology
No abstract provided.
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Georgia Journal of Law & Technology
This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Georgia Journal of Law & Technology
No abstract provided.
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Georgia Journal of Law & Technology
No abstract provided.
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
Georgia Journal of Law & Technology
No abstract provided.
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
Georgia Journal of Law & Technology
No abstract provided.
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
Georgia Journal of Law & Technology
No abstract provided.
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Georgia Journal of Law & Technology
No abstract provided.
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Georgia Journal of Law & Technology
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Georgia Journal of Law & Technology
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
Georgia Journal of Law & Technology
No abstract provided.