Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (104)
- Entertainment, Arts, and Sports Law (61)
- Social and Behavioral Sciences (43)
- International Trade Law (36)
- Internet Law (35)
-
- Comparative and Foreign Law (34)
- Constitutional Law (33)
- Legislation (33)
- Privacy Law (33)
- Marketing Law (28)
- Health Law and Policy (26)
- Consumer Protection Law (25)
- Education (25)
- Computer Law (24)
- Administrative Law (23)
- Commercial Law (22)
- Property Law and Real Estate (22)
- Labor and Employment Law (20)
- Legal History (20)
- Arts and Humanities (19)
- Human Rights Law (19)
- Indigenous, Indian, and Aboriginal Law (19)
- Legal Remedies (19)
- Other Law (19)
- Agriculture Law (18)
- Criminal Law (18)
- Insurance Law (18)
- Transnational Law (18)
- Institution
-
- Fordham Law School (42)
- Yeshiva University, Cardozo School of Law (34)
- UIC School of Law (28)
- Chicago-Kent College of Law (24)
- Santa Clara Law (24)
-
- Vanderbilt University Law School (22)
- Pepperdine University (18)
- Seattle University School of Law (18)
- University of Washington School of Law (18)
- Columbia Law School (17)
- University of Richmond (17)
- American University Washington College of Law (16)
- Maurer School of Law: Indiana University (16)
- Schulich School of Law, Dalhousie University (16)
- University of Michigan Law School (16)
- Boston University School of Law (14)
- Marquette University Law School (13)
- Case Western Reserve University School of Law (10)
- UC Law SF (10)
- William & Mary Law School (10)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- University of New Hampshire (9)
- Duke Law (8)
- Northwestern Pritzker School of Law (8)
- Georgetown University Law Center (7)
- Texas A&M University School of Law (7)
- Brigham Young University Law School (6)
- Loyola University Chicago, School of Law (6)
- New York Law School (6)
- Notre Dame Law School (6)
- Keyword
-
- Copyright (90)
- Intellectual property (66)
- Patents (46)
- Patent (32)
- Copyright law (26)
-
- Trademark (21)
- Patent law (19)
- Innovation (15)
- Fair use (14)
- Technology (14)
- Copyright infringement (13)
- Infringement (12)
- Trademarks (12)
- Copyright Act (11)
- Privacy (10)
- Trademark law (10)
- Intellectual Property Law (9)
- Public domain (9)
- First Amendment (8)
- USPTO (8)
- Federal Circuit (7)
- America Invents Act (6)
- Authorship (6)
- Digital Millennium Copyright Act (6)
- IP (6)
- IPI (6)
- Intellectual Property (6)
- Internet (6)
- Ip (6)
- Lanham Act (6)
- Publication
-
- Faculty Scholarship (54)
- Fordham Intellectual Property, Media and Entertainment Law Journal (39)
- UIC Review of Intellectual Property Law (26)
- Chicago-Kent Journal of Intellectual Property (22)
- Santa Clara High Technology Law Journal (20)
-
- Cardozo Arts & Entertainment Law Journal (16)
- Seattle Journal for Social Justice (16)
- Faculty Publications (14)
- Marquette Intellectual Property Law Review (13)
- Pepperdine Law Review (13)
- Vanderbilt Journal of Entertainment & Technology Law (13)
- Articles (11)
- Canadian Journal of Law and Technology (11)
- Law Faculty Publications (11)
- Michigan Telecommunications & Technology Law Review (11)
- Law Faculty Scholarship (10)
- UC Law SF Communications and Entertainment Journal (10)
- Journal of Law, Technology, & the Internet (9)
- IP Theory (8)
- Scholarly Works (8)
- Washington Journal of Law, Technology & Arts (8)
- Intellectual Property Brief (7)
- Northwestern Journal of Technology and Intellectual Property (7)
- Georgetown Law Faculty Publications and Other Works (6)
- Loyola University Chicago Law Journal (6)
- All Faculty Scholarship (5)
- Cardozo Law Review de•novo (5)
- Copyright, Fair Use, Scholarly Communication, etc. (5)
- Journal Articles (5)
- Journal of the National Association of Administrative Law Judiciary (5)
- Publication Type
- File Type
Articles 211 - 240 of 586
Full-Text Articles in Intellectual Property Law
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Indonesian Journal of International Law
Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …
Bidding On Trademarked Keywords In Search Engines: A Trademark Law Update, Ryan Baker
Bidding On Trademarked Keywords In Search Engines: A Trademark Law Update, Ryan Baker
Washington Journal of Law, Technology & Arts
In March 2011, the Ninth Circuit modified the list of the most relevant factors for courts to consider when evaluating whether a business’s keyword bid on a competitor’s trademark causes a likelihood of confusion under the Lanham Act. Over ten years earlier, in Brookfield Communications v. West Coast Entertainment, the Ninth Circuit had held that using a competitor’s trademark in a website metatag for the purpose of achieving a more prominent place in search results creates “initial interest confusion” for consumers in violation of the Lanham Act. The Brookfield opinion formed what became known as the “Internet troika” test: …
Fair Use And Education: The Way Forward, Peter Jaszi
Fair Use And Education: The Way Forward, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "economic exceptionalism, "for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are "transformative," where …
Closing A Loophole In Musicians' Rights: Why Digital Remasters Of Analog Sound Recordings Are Not Derivative Works Protected By The Copyright Act, Jon Peritz
Cardozo Public Law, Policy & Ethics Journal
The note argues that digital remasters of analog sound recordings do not qualify as derivative works under the Copyright Act, as they lack the requisite originality and substantial variation required for protection. This conclusion has significant implications for artists' termination rights, as allowing record labels to claim copyright in remasters would undermine the purpose of the Copyright Act's termination provisions, which aim to protect artists from unfair copyright transfers. The analysis emphasizes that remasters are primarily functional adaptations for the digital marketplace rather than creative works, and their protection would harm artists by limiting their ability to renegotiate rights or …
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
West Virginia Law Review
No abstract provided.
Hardly A Black-And-White Matter: Analyzing The Validity And Protection Of Single-Color Trademarks Within The Fashion Industry, Emilie Winckel
Hardly A Black-And-White Matter: Analyzing The Validity And Protection Of Single-Color Trademarks Within The Fashion Industry, Emilie Winckel
Vanderbilt Law Review
The fashion industry thrives because of the consuming public's desire to be affiliated with appealing brands. Some of these coveted brands are best identified by particular colors-for example, Tiffany & Co.'s blue, Hermes's orange, and Christian Louboutin's red. Others are internationally known for specific designs that incorporate color-such as Missoni's vibrant patterns. While these colors may be well- recognized symbols of specific brands, and thus deserving of trademark protection, designers rely on a broad and unrestricted array of colors in order to continue conjuring up the latest trends for each new season. Due to these often-competing interests inherent to the …
Competitive Patent Law, William Hubbard
Competitive Patent Law, William Hubbard
All Faculty Scholarship
Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must "out-innovate . .. the rest of the world,"1 and that patent reform is a "critical dimension[]" 2 of this innovation agenda. Soon thereafter, Congress enacted the most sweeping reforms to U.S. patent law in more than half a century, contending that the changes will "give American inventors and innovators the 21st century patent system they need to compete."3 Surprisingly, no legal scholar has assessed whether patent reform is capable of making …
Genomics Unbound: The Scientific And Legal Case Against Patents Based On Naturally Occurring Dna Sequences, Fazal Khan
Genomics Unbound: The Scientific And Legal Case Against Patents Based On Naturally Occurring Dna Sequences, Fazal Khan
Scholarly Works
While there have been mixed opinions as to whether gene patents were dead in light of Prometheus,this Article argues that a proper understanding of patent law, genomics, and public policy concerns should lead to no other result. The primary focus of this piece is to rebut certain vested interests in the biotechnology industry and affirm the normative claim that gene patents improperly fetter genomics research and development. First, through the lens of the Myriad case, we will recount why there was such a strong public interest movement against recognizing such patents. Specifically, we will show how patents on naturally occurring …
Notice Failure And Notice Externalities, Peter Menell, Michael J. Meurer
Notice Failure And Notice Externalities, Peter Menell, Michael J. Meurer
Faculty Scholarship
Economic theory suggests that notice plays a critical role in resource development. Resource developers will be disinclined to make significant investments without reasonable confidence that their projects will not violate the rights of others. Land rights systems and institutions generally provide reliable notice at relatively modest cost, enabling exclusionary rights to encourage efficient real estate development. Property boundaries, right structures, and neighbors with whom resource developers might have to negotiate conflicts can usually be ascertained relatively easily. Furthermore, zoning institutions generally provide relatively prompt, low cost, and reliable dispute resolution before developers need to expend substantial resources. Therefore, land claims …
Capitol Records V. Redigi, United States District Court For The Southern District Of New York
Capitol Records V. Redigi, United States District Court For The Southern District Of New York
Historical and Topical Legal Documents
No abstract provided.
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Intellectual Property Brief
No abstract provided.
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Intellectual Property Brief
No abstract provided.
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Intellectual Property Brief
No abstract provided.
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Intellectual Property Brief
No abstract provided.
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
Intellectual Property Brief
No abstract provided.
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Intellectual Property Brief
No abstract provided.
Forward, Jonas Anderson
Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino
Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino
FIMS Presentations
Access Copyright is a collective organization representing the
copyright interests of publishers and creators. The collective offers
copyright licences that allow certain limited uses of works in the
collective's repertoire. The use of collective licences as part of
copyright management policy was common in post-secondary education
administration until 2010, when many universities opted out of a
contractual relationship with Access Copyright.
The growing movement towards online open access publishing and
Creative Commons public licensing has made information more widely
available without requiring payment and with fewer restrictions on
use. The addition of education to the list of fair dealing purposes …
Into A Silver Age: U.S. Patent Law 1992-2012, John R. Thomas
Into A Silver Age: U.S. Patent Law 1992-2012, John R. Thomas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright 1992-2012: The Most Significant Development?, Jane C. Ginsburg
Copyright 1992-2012: The Most Significant Development?, Jane C. Ginsburg
Fordham Intellectual Property, Media and Entertainment Law Journal
On the occasion of the twentieth anniversary of the Fordham Intellectual Property Law & Policy Conference, its organizer, Professor Hugh Hansen, planned a session on “U.S. Copyright Law: Where Has It Been? Where Is It Going?” and asked me to look back over the twenty years since the conference’s inception in order to identify the most important development in copyright during that period. Of course, the obvious answer is “the Internet,” or “digital media,” whose effect on copyright law has been pervasive. I want to propose a less obvious response, but first acknowledge that digital media and communications have presented …
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Twenty-Year Retrospective On United States Trademark Law In Ten Cases, Marshall Leaffer
A Twenty-Year Retrospective On United States Trademark Law In Ten Cases, Marshall Leaffer
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Him’S Role In European Trademark Harmonization: Past, Present And Future, Paul Maier
Him’S Role In European Trademark Harmonization: Past, Present And Future, Paul Maier
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Copyright: An Unorthodox Analysis, Hugh C. Hansen
International Copyright: An Unorthodox Analysis, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modern trends in international copyright to religious equivalents. He notes that the current players include a “secular priesthood” (the traditional copyright bar and academics), “agnostics and atheists” (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and “missionaries” (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright “crusade” has been driven by this last group. The author compares …
A Road To Unification: Patent Litigation In The United Kingdom 1990-2012, Justin Watts, Tom Alkin
A Road To Unification: Patent Litigation In The United Kingdom 1990-2012, Justin Watts, Tom Alkin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright In Europe: Twenty Years Ago, Today And What The Future Holds, P. Bernt Hugenholtz
Copyright In Europe: Twenty Years Ago, Today And What The Future Holds, P. Bernt Hugenholtz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Court Of Appeals For The Federal Circuit, After Three Decades, Pauline Newman
The Court Of Appeals For The Federal Circuit, After Three Decades, Pauline Newman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Microsoft To Google: Intellectual Property, High Technology, And The Reorientation Of U.S. Competition Policy And Practice, William E. Kovacic
From Microsoft To Google: Intellectual Property, High Technology, And The Reorientation Of U.S. Competition Policy And Practice, William E. Kovacic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
An American Tragedy: E-Books, Licenses, And The End Of Public Lending Libraries?, Matthew Chiarizio
An American Tragedy: E-Books, Licenses, And The End Of Public Lending Libraries?, Matthew Chiarizio
Vanderbilt Law Review
The ascent of e-books raises many copyright issues both old and new, and the role of libraries in e-book lending is an important one for many librarians and readers. Libraries are an important part of a democratic society, and changes to the publishing and copyright landscape invariably affect the functions and use of libraries. Libraries have traditionally relied on the doctrine of first sale to lend physical books. The first sale doctrine allows the owner of a copyrighted work to sell, lend, or otherwise dispose of the owned copy of that work without authorization of the copyright holder. Libraries own …