Intellectual Property Law Commons^™

Classroom Lecture For Copyright Law, Wendy J. Gordon

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The differences between direct, vicarious and contributory liability, Section 512 in related matters. Alright, now let's move on to the next question, which is criminal liability. You read some material on that. And the basic lessons that I want you to take from the material are the following. First, notice that federal copyright law does not impose criminal liability easily as ordinary laws of tangible property do. And I think that that's a good thing. Remember that guy in Les Miserables who's pursued for stealing a loaf of bread. Stealing in the sense of copying one song would not make …

Email To Kate On Article Changes, Wendy J. Gordon

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Here are further corrections to my article (Chapter 10).

Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon

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Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon

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Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.

Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon

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While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …

Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.

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Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …

The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon

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Copyright law protects works of creative expression. At its relatively uncontroversial core lie songs, plays, novels, paintings, and other works of aesthetic value. But copyright is not confined solely to aesthetic subject matter; in many countries, it extends to works of fact, such as biographies, maps, and telephone directories, and to works with practical value. For example, one of the most controversial issues in copyright law today is whether and how much copyright should protect computer programs.

Letter To J.S.G. Boggs, Wendy J. Gordon

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Money originally was just a way of measuring. Cattle at first. When metal: being sure of the weight & purity of the metal. Metal as purchasing power = value as coinage. Bring bullion to the mint: they'd test it, weigh it, and give it back as coins.

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

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The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon

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In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

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I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.

What's Art Got To Do With It?, Wendy J. Gordon

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I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon

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Please disregard the fax I sent you on Saturday. Per my conversation with Wendy, you’ll be receiving a new cleaned-up version of the article on Tuesday for distribution. The draft I sent you Saturday had the file name "B-PARl-6.” Per Wendy's suggestion I'll entitle the file for the draft that you'll get Tuesday, "GORD-FE1.2ND" (meaning 'Gordon - First Editl, second version').

Letter Re: A Property Right In Self Expression: Equality And Individualism In The Natural Law Of Intellectual Property, Henry H. Perritt Jr.

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I liked your A Property Right in Self Expression: Equality and Individualism in the Natural Law of Intellectual Property very much. I have the following comments or suggestions:

Letter To Guido Calabresi, Wendy J. Gordon

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As you may recall, I first became seriously entranced by your work when you gave the "Tragic Choices" lectures at Penn.

Blackmail: Deontology - 1993, Wendy J. Gordon

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The basic logic of my deontologic approach is this.

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

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DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …

Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon

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I would like to thank the Cardozo Law Review for their invitation to speak, and all those who have taken the time to discuss this issue with me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

Blackmail: Property Right - 1993, Wendy J. Gordon

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It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.

The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon

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No abstract provided.

Handwritten Notes On Blackmail - 1993, Wendy J. Gordon

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No abstract provided.

Handwritten Notes On Blackmail - 1993, Wendy J. Gordon

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No abstract provided.

Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon

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No abstract provided.

Aals Speech, Wendy J. Gordon

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Marshall has also said I can speak as long as I want, so scream when you've had enough.

Letter From Professor Timothy J. Brennan, Timothy J. Brennan

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Dear Wendy,

Thanks for sending me the recent pair of articles. I just had a chance to read them today while I'm getting my furnace and AC replaced. I enjoyed them very much, both for the chance to think about copyright issues and to read yet again your creative and insightful approach to them.

The most intriguing thing about the Dayton piece was the asymmetric mar- ket failure idea. (I'll come back to the prisoners' dilemma in connection with the LCP paper!) Your point that justifying copyright requires the belief that intellectual property markets won't work without copyright and that …

Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon

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Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.

Blackmail And Transactional Structure - 1992, Wendy J. Gordon

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The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.

Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon

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There are several potential insights whose interrelationship I'd like to explore. First, some allocation of rights are not likely to be transferable. Two of the major interests involved in blackmail--namely, reputation and free speech--are of this type. This may in itself help to explain some of the paradox of blackmail.

Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon

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As you know, I am revising the piece primarily by combining it with my oral remarks. Thus I am sending you the original version of the article as you sent it to me, with corrections inked in, and I am also sending several separate typed pages (adapted from the oral remarks), with indications where they fit into the piece. The new pages have several footnotes, but in most cases the footnotes refer to sources cited in the earlier version. I can also send you photocopies of any material cited, if you wish. I hope this is not too burdensome. The …

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

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Enclosed are the corrected pages of the transcript. The article itself will follow shortly.