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Intellectual Property Law Commons

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2011

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Articles 391 - 420 of 536

Full-Text Articles in Intellectual Property Law

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar Jan 2011

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar

NYLS Law Review

No abstract provided.


The Why In Diy Book Scanning, Daniel Reetz Jan 2011

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.


Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry Jan 2011

Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry

Maryland Law Review Online

No abstract provided.


Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee Jan 2011

Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee

Journal Publications

No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views …


You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee Jan 2011

You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee

Journal Publications

Many recording artists and songwriters never reap the rewards of their work. America's first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as "one group of creators who get ripped off more than anybody else in any other industry". As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …


What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee Jan 2011

What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee

Journal Publications

This Article discusses the need for the United States to implement a public performance royalty for sound recordings. Under the current system, song writers are compensated for the use of their musical works, but performers on sound recordings do not receive any compensation. Radio and television stations currently pay the performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current …


Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang Jan 2011

Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang

NYLS Law Review

No abstract provided.


Passing Off And Unfair Competition: Conflict And Convergence In Competition Law, Mary Lafrance Jan 2011

Passing Off And Unfair Competition: Conflict And Convergence In Competition Law, Mary Lafrance

Scholarly Works

No abstract provided.


Shaming Trademark Bullies, Leah Chan Grinvald Jan 2011

Shaming Trademark Bullies, Leah Chan Grinvald

Scholarly Works

In September 2009, Hansen Beverage Company sent Rock Art Brewery a letter demanding that Rock Art cease and desist its use of “VERMONSTER” as a trademark for beer. Hansen is a multi-million dollar beverage corporation and Rock Art Brewery is a small brewing company owned by a husband-and-wife team based in Vermont. Hansen’s gravamen was that Rock Art’s “VERMONSTER” beer allegedly infringed on Hansen’s “MONSTER ENGERY” trademarks. Instead of capitulating, Rock Art Brewery fought back, taking to the virtual streets of the internet and galvanized public sentiment against Hansen’s. The end result was an amicable settlement agreement that allowed Rock …


The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George Jan 2011

The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George

Faculty Scholarship

The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …


Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg Jan 2011

Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg

Journal of Law, Technology, & the Internet

No abstract provided.


Finding A Home For Orphans: Google Book Search And Orphan Works Law In The United States And Europe, Katharina De La Durantaye Jan 2011

Finding A Home For Orphans: Google Book Search And Orphan Works Law In The United States And Europe, Katharina De La Durantaye

Fordham Intellectual Property, Media and Entertainment Law Journal

The Google Books case and its proposed settlement have provoked heated debate. Objections to the settlement proposals have come from virtually all sides—from Google’s competitors to public interest organizations, state attorneys general, the U.S. Department of Justice, and even foreign countries such as France and Germany. While it is impossible to know what the terms of the final settlement will be, it is already clear that one of the settlement’s most important consequences will be how it changes the orphan works debate, both in the United States and in Europe. This Article argues that the Google Books case offers an …


Twittergate: Rethinking The Casting Director Contract, Carter Anne Mcgowan Jan 2011

Twittergate: Rethinking The Casting Director Contract, Carter Anne Mcgowan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Enforcement In The Cloud, Marc Aaron Melzer Jan 2011

Copyright Enforcement In The Cloud, Marc Aaron Melzer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Fate Of Indecency? The Constitutional Issue Presented By Fox Television Stations, Inc. V. Federal Communications Commission, Francis Marsico Iii Jan 2011

The Fate Of Indecency? The Constitutional Issue Presented By Fox Television Stations, Inc. V. Federal Communications Commission, Francis Marsico Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


D Is For Digitize: An Introduction, James Grimmelmann Jan 2011

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.


The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag Jan 2011

The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag

NYLS Law Review

No abstract provided.


H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye Jan 2011

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.


Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez Jan 2011

Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez

NYLS Law Review

No abstract provided.


Software Wars: The Patent Menace, Andrew Nieh Jan 2011

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.


Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi Jan 2011

Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi

NYLS Law Review

No abstract provided.


Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte Jan 2011

Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte

Journal of Law, Technology, & the Internet

No abstract provided.


Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers Jan 2011

Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers

Journal of Law, Technology, & the Internet

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt Jan 2011

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2010–2011 academic year. The Journal strives to find interesting and contemporary topics that bisect technology and the law, and publish authors who provide in-depth and practical analysis of these topics to the legal community and beyond. To that end, this year’s Annual Survey is devoted exclusively to the topic of electronic discovery. In the two years since the Journal last published on this important issue, the availability of electronic information has increased exponentially, courts have continued to struggle with the 2006 Amendments to …


The History Of Intellectual Property Taxation: Promoting Innovations And Other Intellectual Property Goals, Xuan-Thao Nguyen, Jeffrey A. Maine Jan 2011

The History Of Intellectual Property Taxation: Promoting Innovations And Other Intellectual Property Goals, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

No abstract provided.


Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz Jan 2011

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …


International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman Jan 2011

International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman

Journal Articles

Commentators have long recognized the need to coordinate questions at the patent-antitrust intersection with other policy levers available under patent law. In the international context, however, control over patent policy has been fractured and entrusted to diverse decisionmakers. Many details of patent law are tightly coordinated by international agreement, while others related to antitrust are left to national discretion. This Article evaluates the consequences of this fracture, and notes ways in which the prevailing treaty regimes (the Paris Convention and the TRIPS Agreement) distort incentives for national policymaking. National discretion at the patent-antitrust intersection can be expected to result in …


Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes Jan 2011

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …


Towards Symmetry In The Law Of Branding, Rebecca Tushnet Jan 2011

Towards Symmetry In The Law Of Branding, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.


Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet Jan 2011

Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Words are the prototypical regulatory subjects for trademark and advertising law, despite our increasingly audiovisual economy. This word-focused baseline means that the Lanham Act often misconceives its object, resulting in confusion and incoherence. This Article explores some of the ways courts have attempted to fit images into a word-centric model, while not fully recognizing the particular ways in which images make meaning in trademark and other forms of advertising. While problems interpreting images are likely to persist, this Article suggests some ways in which courts could pay closer attention to the special features of images as compared to words.