Intellectual Property Law Commons^™

Enough Is Enough: The Case For Federal Regulation Of Sports Agents, James Masteralexis, Lisa Masteralexis, Kevin Snyder

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

An Intersystemic View Of Intellectual Property And Free Speech, Mark Bartholomew, John Tehranian

Journal Articles

Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance intellectual property rights with expressive freedoms. Interestingly, each intellectual property regime strikes the balance between ownership rights and free speech in a dramatically different way. Despite a large volume of scholarship on intellectual property rights and free speech considerations, this Article represents the first systematic effort to detail, analyze, and explain the divergent evolution of expression-based defenses in copyright, trademark, …

Copyright And The Fall Line, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Resale Royalties For Visual Artists: The United States Taking Cues From Europe, Toni Mione

Cardozo Journal of International and Comparative Law

The note argues that visual artists in the U.S. are economically disadvantaged compared to authors and composers under U.S. copyright law, as their works do not generate royalties through reproduction. It advocates for federal resale rights legislation to align U.S. policy with international standards, particularly the EU Resale Right Directive, and address the disparity in artists' economic rights.

Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg

Articles

The Supreme Court’s decision last Term in Mayo v. Prometheus left considerable uncertainty as to the boundaries of patentable subject matter for molecular diagnostic inventions. First, the Court took an expansive approach to what counts as an unpatentable natural law by applying that term to the relationship set forth in the challenged patent between a patient’s levels of a drug metabolite and the indication of a need to adjust the patient’s drug dosage. And second, in evaluating whether the patent claims add enough to this unpatentable natural law to be patent eligible, the Court did not consult precedents concerning the …

John Wiley & Sons, Inc. V. Kirtsaeng, Terence Keegan

NYLS Law Review

No abstract provided.

A Numerus Clausus Principle For Intellectual Property, Christina Mulligan

Faculty Scholarship

No abstract provided.

The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Margot Kaminski, Sean M. Flynn, Brook Baker, Jimmy Koo

Publications

No abstract provided.

Technological Cost As Law In Intellectual Property, Harry Surden

Publications

Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged factor driving changes in substantive IP law.

More specifically, there are certain activities that are core to IP law. Such activities include, for example, the copying of creative works in copyright (e.g. duplicating books or music), or the manufacturing of products in patent law. Traditionally, IP legal theory has …

Recognizing The Importance Of Intraband Competition In High Technology Markets: The Problem With Large Retailors & Vertical Territorial Restraints, Kyle Colonna

Journal of Law, Technology, & the Internet

No abstract provided.

Introduction: A Look At Twenty Years Of Ip Protection And What The Future Holds, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously standalone services delivered via different channels. They increasingly have little tolerance for “appointment television” that limits access to a particular time, channel and device. Access to video content is becoming a matter of using one of several software-configured interfaces capable of delivering live and recorded content anytime, anywhere, to any device and via many different transmission …

I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12

NYLS Law Review

No abstract provided.

Volume 4 Issue 2 (2013), Case Western Reserve Journal Of Law, Technology And The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

Book Review. Music & Copyright In America: Toward The Celestial Jukebox By Kevin Parks, Michelle M. Botek

Articles by Maurer Faculty

No abstract provided.

The Tragedy Of The Anticommons: A Concise Introduction And Lexicon, Michael Heller

Faculty Scholarship

This article gives a concise introduction to the ‘tragedy of the anticommons.’ The anticommons thesis is simple: when too many people own pieces of one thing, nobody can use it. Usually, private ownership creates wealth. But too much ownership has the opposite effect – it leads to wasteful underuse. This is a free market paradox that shows up all across the global economy. If too many owners control a single resource, cooperation breaks down, wealth disappears, and everybody loses. Conceptually, underuse in an anticommons mirrors the familiar problem of overuse in a ‘tragedy of the commons.’ The field of anticommons …

What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property, Christopher Jon Sprigman, Christopher Buccafusco, Zachary C. Burns

Faculty Scholarship

Despite considerable research suggesting that creators value attribution – i.e., being named as the creator of a work – U.S. intellectual property (IP) law does not provide a right to attribution to the vast majority of creators. On the other side of the Atlantic, however, many European countries give creators, at least in their copyright laws, much stronger rights to attribution. At first blush it may seem that the U.S. has gotten it wrong, and the Europeans have made a better policy choice in providing to creators a right that they value. But for reasons we will explain in this …

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

Fcc V. Fox: A Decision That Does Little To Clear The Air In Regulation Of Fleeting Expletives In News Broadcasts, Gregg P. Leslie, Kristen Rasmussen

Journal of Law, Technology, & the Internet

No abstract provided.

Hit Losers: The Good (Faith) Fight For Net-Profits Payments From Blockbuster Hollywood Productions, Neal Robin

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead

Journal of Law, Technology, & the Internet

No abstract provided.

Cyber-Terrorism: Finding A Common Starting Point, Jeffrey Thomas Biller

Journal of Law, Technology, & the Internet

No abstract provided.

Censorship And Surveillance In The Global Information Age: Are Telecommunications Companies Agents Of Suppression Or Revolution?, Sana Ahmed

Journal of Law, Technology, & the Internet

No abstract provided.

Taking Atrip Down Memory Lane, Peter K. Yu

Faculty Scholarship

The International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) was founded in Geneva in July 1981, with the support and assistance of the World Intellectual Property Organization. This professional academic association now includes hundreds of intellectual property professors and researchers from around the world. As the final contribution to the "ATRIP Passes 30" Symposium, which collects the reminiscences of the past and current ATRIP presidents, this short essay provides, in chronological order, some key information about all the pre-ATRIP Round Tables and ATRIP Congresses. This short history not only documents the historical origins, rapid growth …

Building The Ladder: Three Decades Of Development Of The Chinese Patent System, Peter K. Yu

Faculty Scholarship

In the past three decades, China has been very successful in developing its patent system. In 2012, the country is among the top five countries filing patent applications through the Patent Cooperation Treaty, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had the largest and fourth largest number of PCT applications, respectively. With significant backing from the Chinese government and the anticipated involvement of the world's largest public sector, China will likely catch up with the existing intellectual property powers more quickly than many have anticipated.

Written for a special issue …

Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, Daryl Lim

Cardozo Arts & Entertainment Law Journal

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …

Plain Packaging And The Interpretation Of The Trips Agreement, Susy Frankel, Daniel Gervais

Vanderbilt Journal of Transnational Law

Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging's compatibility with the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

WTO members can validly take measures to protect and promote public health, but in doing so they …

Cover Letter, Benjamin R. Fox

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2013-2014 academic year. First published in 1995, JOLT is the world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Today, with the publication of Issue One of its Twentieth Volume, JOLT aims to continue this tradition by providing relevant, insightful, and well-written articles that will drive discussion on these topics.