Intellectual Property Law Commons^™

Why Sell What You Can License?, Contracting Around Statutory Protection Of Intellectual Property, Elizabeth I. Winston

Scholarly Articles

Historically, the transfer of goods has been through sale, a model regulated by public legislation. Increasingly, however, the transfer of goods is occurring through licensing, a model regulated by private legislation. Privately-legislated licenses - for such chattels as musical and written works and agricultural goods - are being used to circumvent publicly-legislated restrictions on intellectual property. Private legislation should not circumvent public legislation, and intellectual property owners should not be allowed to circumvent the statutory scheme for protection of intellectual property. Licenses that augment publicly-legislated protection of intellectual property support the traditional role of contracts and should be enforced. Licenses …

When Exclusionary Conduct Meets The Exclusive Rights Of Intellectual Property: Morris V. Pga Tour And The Limits Of Free Riding As An Antitrust Business Justification, Shubha Ghosh

Loyola University Chicago Law Journal

No abstract provided.

The Supreme Court, Stare Decisis, And The Role Of Appellate Deference In Patent Claim Construction Appeals, David Krinsky

Maryland Law Review

No abstract provided.

At The Intersection Of Comic Books And Third World Working Conditions: Is It Time To Re-Examine The Role Of Commercial Interests In The Regulation Of Expression, David Kohler

UC Law SF Communications and Entertainment Journal

This article examines how a speaker's commercial interests factor into evaluating First Amendment protection. The author criticizes the current state of the law in the United States, which forces courts to draw categorical distinctions between commercial and noncommercial speech which are largely artificial, unwieldy, and likely unworkable. The article suggests a new approach that largely jettisons any attempt to draw broad categorical distinctions based on the underlying commercial motivation for communication and, instead, evaluates such expression in the same way that other kinds of fully protected speech are evaluated.

From Hockey Gloves To Handcuffs: The Need For Criminal Sanctions In Professional Ice Hockey, Tracey Oh

UC Law SF Communications and Entertainment Journal

Citing recent on-ice incidents, this article argues that the level of violence in the National Hockey League (NHL) has grown out of control. The NHL's sanctions have been unable to deter the steadily increasing amount of violence in the sport. The article argues that allowing courts to intervene and impose criminal sanctions against on-ice offenders would send a strong message to the players, and promote a sense of social responsibility.

I Always Feel Like Someone Is Watching Me: A Technological Solution For Online Privacy, David Goldman

UC Law SF Communications and Entertainment Journal

This article develops the concept for a technological solution to the problem of online privacy. While most proposals endeavor to come to a consensus upon either a common definition or a common value system for privacy, the author instead proposes that the ultimate goal of an automated transaction should simply be to make optimal use of the online market. Rather than define privacy, the government should instead encourage trust, which will result in the maximum benefits for the economy as a whole.

The Conceptual Game In Copyright, Lior Zemer

UC Law SF Communications and Entertainment Journal

This article examines the nature of copyright as a concept and discusses the benefits that can be derived from understanding copyright as a vague conceptual framework, or, alternatively as an arsenal of competing interpretations and permutations, rendering its meaning essentially contested. The best way to make meaningful progress in the way we approach and think of copyright is by admitting into our discourse on copyright alternative approaches to ownership which emphasizes the public interest. We can protect the integrity of the copyright discourse by ensuring that no single voice can exclude other voices, and allow sufficient conceptual flexibility to permit …

Amending Its Anti-Paparazzi Statute: California's Latest Baby Step In Its Attempt To Curb The Aggressive Paparazzi, Lisa Vance

UC Law SF Communications and Entertainment Journal

The financial rewards of celebrity photos have driven the paparazzi to increasingly dangerous tactics, often endangering celebrities and others in their pursuit of a valuable photo. In response to this danger, California amended its anti-paparazzi statute in 2005. The amended statute provides stiff penalties, including punitive and treble damages, and allows a celebrity to recover these damages for assault. However, assault requires the intent to cause apprehension of imminent contact, and much of the outrageous conduct of the paparazzi does not evidence this sort of intent. If California is serious about curbing improper behavior by the paparazzi, it should penalize …

Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams

UC Law SF Communications and Entertainment Journal

Video game violence has escalated to shocking limits. Murder and sex are glorified in modern games. California Assembly Bill 1179 is the latest attempt to curb the sale of video games encouraging this type of violence. Because it is improbable that current social science research will be able to prove the causal connections necessary to satisfy the Brandenburg standard for regulating free speech, AB 1179 violates the First Amendment rights of California's citizens. In the future, increased parental controls and the Entertainment Software Ratings Board's active role in enforcing compliance with its rating system will be the most effective means …

Copyright Lochnerism, Raymond Shih Ray Ku

Faculty Publications

Part I of this essay outlines the conflict between copyright and the First amendment as well as, the complementary argument for reconciling copyright and free speech, as it has been formulated by scholars and the Supreme Court. Part II discusses what I have referred to as the Framers' copyright and the extent to which arguments based upon the Framers' intent in this area may reconcile copyright and free speech. Lastly, Part III argues that reliance upon the complementary argument to deny any role for heightened First Amendment review in copyright cases is subject to two interrelated criticisms of Lochner. By …

Judging Expertise In Copyright Law, 14 J. Intell. Prop. L. 1 (2006), William K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Digital Revolution Is Being Downloaded: Why And How The Copyright Act Must Change To Accommodate An Ever-Evolving Music Industry, Marcy Rauer Wagman, Rachel Ellen Kopp

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Rankings, Reductionism, And Responsibility, Frank Pasquale

Faculty Scholarship

No abstract provided.

The Study Of Intellectual Property At The William S. Boyd School Of Law, Mary Lafrance

Scholarly Works

This article discusses the intellectual property program at William S. Boyd School of Law.

Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance

Scholarly Works

Although the law of trademarks and unfair competition at one time concerned itself only with false designations of origin that were likely to confuse consumers about the origin of goods or services, with the emergence of the dilution doctrine during the twentieth century individual states--and ultimately Congress--began offering the owners of particularly strong marks the opportunity to prevent others from using these marks even in ways which were unlikely to lead to consumer confusion. In so doing, the law began to treat trademarks as property in themselves--the product of a trademark owner's investment in good will--rather than merely as signals …

Feminist Interpretations Of Intellectual Property, Debora Halbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Intellectual Property Resources In And For Space: The Practitioner's Experience, Gary Myers

Faculty Publications

Today, our inquiry is timely because, increasingly, intellectual property law is becoming more important in space activities. The increasing sophistication of international cooperation and the growth of commercial and private space activities have brought intellectual property issues to greater prominence.

War And Peace: The 34th Annual Donald C. Brace Lecture, Jessica D. Litman

Other Publications

I'd like to thank the Copyright Society and the Brace committee for inviting me to speak to you this evening. I am honored that you invited me to give this lecture. I want to talk a little bit about war - copyright war - and then I want to talk a little bit about peace. It's become conventional that we're in the middle of a copyright war.' I tried to track down who started calling it that, and what I can tell you is that about ten years ago, about the time that copyright lawyers everywhere were arguing about the …