Intellectual Property Law Commons^™

Altmetrics Definitions And Use Cases, National Information Standards Organization (Niso)

Copyright, Fair Use, Scholarly Communication, etc.

The NISO Alternative Assessment Metrics Initiative was begun in July 2013 with funding from the Alfred P. Sloan Foundation, and divided into two phases. Phase II of the Project, which began in late 2014, set out to develop standards covering particular action items identified in Phase I through the creation of three NISO working groups. This document represents the output of the working group tasked with the following action items:

1. To come up with specific definitions for the terms commonly used in alternative assessment metrics, enabling different stakeholders to talk about the same thing; and

2. To identify the …

Altmetrics Data Quality Code Of Conduct, National Information Standards Organization

Copyright, Fair Use, Scholarly Communication, etc.

Altmetrics are increasingly being used and discussed as an expansion of the tools available for measuring the scholarly impact of research in the knowledge environment. The NISO Alternative Assessment Metrics Project was begun in July 2013 with funding from the Alfred P. Sloan Foundation to address several areas of limitations and gaps that hinder the broader adoption of altmetrics. This document is one output from this project, intended to help organizations that wish to use altmetrics to ensure their consistent application across the community. “Working Group C” studied and discussed issues of data quality in the altmetrics realm, an essential …

Finding The Public Domain: Copyright Review Management System Toolkit, Richard C. Adler, Justin Bonfiglio, Kristina Eden, Brian S. Hall, Melissa Levine, University Of Michigan Library Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. In CRMS- US (2008– 11), CRMS reviewed over 170,000 volumes in the HathiTrust Digital Library that were published in the United States between 1923 and 1963 (“CRMS- US”). That first project team— which included reviewers from the University of Michigan, the University of Wisconsin, the University of Minnesota, and Indiana University— identified nearly 87,000 volumes …

Strengthening Research Through Data Sharing, Elizabeth Warren

Copyright, Fair Use, Scholarly Communication, etc.

Data sharing has incredible potential to strengthen academic research, the practice of medicine, and the integrity of the clinical trial system. Some benefits are obvious: when researchers have access to complete data, they can answer new questions, explore different lines of analysis, and more efficiently conduct large-scale analyses across trials. Other advantages, such as providing a guardrail against conflicts of interest in a clinical trial system in which external sponsorship of research is common and necessary, are less visible yet just as critical. I appreciate that there are many policy, privacy, and practical issues that need to be addressed in …

Intellectual Freedom For Authors: A Very Brief Overview Of United States Copyright, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

VIII: Intellectual Freedom for Authors: A Very Brief Overview of United States Copyright

What Can Be Copyrighted and What Rights Are Conferred?

Who Owns Copyright in a Work?

Copyright Formalities

Transfer of Copyright

Length of Term of Copyright

Permissions and Licensing

Fair Use

Consequences of Infringement

United States Geological Survey (Usgs) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (January 2016)

Copyright, Fair Use, Scholarly Communication, etc.

USGS response to OSTP memo, 2013: Public Access Plan (January 2016)

Open Educational Resources: Policy, Costs And Transformation, Fengchun Miao, Sanjaya Mishra, Rory Mcgreal

Copyright, Fair Use, Scholarly Communication, etc.

Open Educational Resources (OER) — teaching, learning and research materials that their owners make free for others to use, revise and share — offer a powerful means of expanding the reach and effectiveness of worldwide education.

The Commonwealth of Learning (COL) and UNESCO co-organised the World OER Congress in 2012 in Paris. That Congress resulted in the OER Paris Declaration: a statement that urged governments around the world to release, as OER, all teaching, learning and research materials developed with public funds.

This book, drawing on 15 case studies contributed by 29 OER researchers and policy-makers from 15 countries across …

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, David Fagundes

Faculty Articles

This Article presents a novel view of the complex moral psychology of infringement. It does so both to complement extant critiques of copyright’s incentivist story and to provide a realistic account of owners’ motivations for infringement on which a more effective copyright regime may be built. We elaborate these claims as follows. Part I highlights the contrast between the robust critiques of copyright’s theory of creation and the paucity of attention to its theory of litigation, and illustrates the social costs produced by increasingly common infringement suits animated by nonfinancial concerns. Part II develops a psychology of infringement, rooted in …

The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook

Faculty Articles

The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court’s reworking of what constitutes patent-eligible subject matter and enhancing tools to combat “patent trolls,” what many have missed is the Court’s reworking of the contours of active inducement of patent infringement under 35 U.S.C. § 271(b). The Court has taken the same number of § 271(b) cases as subject matter eligibility cases—four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court’s efforts to define active …

Ip Litigation In U.S. District Courts: 1994-2014, Matthew Sag

Faculty Articles

This Article undertakes a broad-based empirical review of intellectual property ("IP") litigation in U.S. federal district courts from 1994 to 2014. Unlike the prior literature, this study analyzes federal copyright, patent, and trademark litigation trends as a unified whole. It undertakes a systematic analysis of the records of more than 190,000 cases filed in federal courts and examines the subject matter, geographical, and temporal variation within federal IP litigation over the last two decades.

This Article analyzes changes in the distribution of IP litigation over time and their regional distribution. The key findings of this Article stem from an attempt …

Copyright In Higher Education: A Review Of Modern Scholarship, Jacob H. Rooksby

Law Faculty Publications

Of the four intellectual property regimes, copyright is the most central to the day-to-day functioning of higher education. Nearly every course of instruction involves the use of written, visual, intangible, and tangible materials, many if not most of which are subject to copyright protection. Students, faculty, and staff—essentially all the people who comprise higher education—produce and interact with copyrightable and copyrighted materials every day. Copyright relates directly to perhaps the most prominent of higher education’s goals: to educate students through teaching, and to produce scholarship and research that benefit mankind. All of these acts involve creating and using original works …

A Legal Perspective On University Technology Transfer, Jacob H. Rooksby

Law Faculty Publications

In the thirty-five years after passage of the Bayh–Dole Act of 1980, a robust literature has documented the emergence of university technology transfer as a critical mechanism for the dissemination and commercialization of new technology stemming from federally-funded research. Missing from these investigations, however, is what this paper terms the legal perspective, an understanding of how the law and its attendant mechanisms impact university technology transfer. Specifically, the paper reviews the extant legal scholarship and provides examples of how case law, legal structures, and the unique nature of intellectual property law affects technology transfer, as well as higher education policy …

A Fresh Look At Copyright On Campus, Jacob H. Rooksby

Law Faculty Publications

The role of copyright on the modern college and university campus is overdue for fresh examination. Copyright ownership issues and related con- tests over rights risk impeding higher education’s ability to serve as a cultural and knowledge commons, a specially constructed space where human and artifactual resources interact in ways that benefit society at large. At present, copyright concerns raised by trends involving student entrepreneurship, the digital humanities, and the digitization of special collections material housed in campus libraries threaten higher education’s potential to benefit society to the fullest.

This Article reviews developments in these three areas of higher education …

Copyright In Pantomime, Brian L. Frye

Law Faculty Scholarly Articles

Why does the Copyright Act specifically provide for the protection of “pantomimes”? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '“pantomimes” was forgotten. This Article argues that …

Top Tens In 2015: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

The Supreme Court significantly affected the dynamics of patent litigation, holding that patent claim interpretation was not always reviewed de novo and that good faith belief that a patent was invalid was not a defense to infringement. The Federal Circuit potentially changed the approach to patent claim interpretation, holding that claims could be interpreted in light of the written description of the invention, even where the claim was not ambiguous. The Federal Circuit also addressed inducement of patent infringement, holding that it was not inducement to suggest consulting a physician who would likely prescribe an infringing treatment. The Federal Circuit …

What’S In A Name, Brother—Profit Or Publicity: An Analysis Of Trademarking Ring Names In Professional Wrestling, Alissa M. Harrington

Cybaris®

No abstract provided.

Video Games And Intellectual Property: Similarities, Differences, And A New Approach To Protection, John Kuehl

Cybaris®

No abstract provided.

At The Crossroads Of Intellectual Property And Government Contracting: Case Studies And Practical Pointers, Courtney A. Hofflander, Theodore M. Thompson Ii

Cybaris®

No abstract provided.

#Trademarklaw: Protecting And Maximizing The Value Of Trademarks In An Evolving Social Media Marketplace, Betsy A. Butwin

Cybaris®

No abstract provided.

Picasso On Staff: Employee Classification, Copyrights, And The Creative Process, Sarah A. Howes

Cybaris®

No abstract provided.

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Ip Litigation In United States District Courts: 1994 To 2014, Matthew Sag

Faculty Publications & Other Works

This Article undertakes a broad-based empirical review of intellectual property (“IP”) litigation in U.S. federal district courts from 1994 to 2014. Unlike the prior literature, this study analyzes federal copyright, patent, and trademark litigation trends as a unified whole. It undertakes a systematic analysis of the records of more than 190,000 cases filed in federal courts and examines the subject matter, geographical, and temporal variation within federal IP litigation over the last two decades.

This Article analyzes changes in the distribution of IP litigation over time and their regional distribution. The key findings of this Article stem from an attempt …

A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho

Faculty Publications & Other Works

This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …

Creative Equity: A Practical Approach To The Actor's Copyright, Sarah Howes

Mitchell Hamline Law Review

No abstract provided.

Copyrighting Tattoos: Artist Vs. Client In The Battle Of The (Waiver) Forms, Brayndi L. Grassi

Mitchell Hamline Law Review

No abstract provided.

The Performance Right—A World In Transition, Todd Brabec

Mitchell Hamline Law Review

No abstract provided.

Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim

Faculty Scholarship

No abstract provided.

Food For Thought: Should Libraries Partner With Nonlibrary Search Engine Providers For Their Opacs And Discovery Layers?, Michelle Wu

Georgetown Law Faculty Publications and Other Works

Since the development of integrated library systems (ILS) in the 1970s, the focus of developers and librarians has been on the “integrated” aspect, but with the advances in technology, the time has come for libraries to consider whether a disaggregated system would better benefit their users. This article seeks to make the argument that the design of a user-friendly public interface to library systems is ideal for partnerships with the broader search engine industry; such an approach would enable participants to harness their respective strengths while simultaneously limiting the effect of their deficiencies

The First Amendment Walks Into A Bar: Trademark Registration And Free Speech, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Section 2 of the Lanham Act, the federal law governing trademarks, lists a number of bars that preclude registration of a trademark on the federal register. These reasons include: the claimed matter is functional, meaning it affects the cost or quality of the underlying product or service; the claimed matter is merely descriptive, meaning that consumers don’t understand that it indicates source and instead think that it just describes some characteristic of the product; the claimed matter is deceptively misdescriptive, which is like descriptiveness except not true; the claimed matter is deceptive, meaning that the untruth would be material to …

Panel 1: Issues In The U.S. For Chinese Businesses, Cindy Yang, Jamie D. Underwood, Mark Cohen

Cardozo Journal of International and Comparative Law

The symposium examines the bidirectional intellectual property (IP) challenges between the U.S. and China, highlighting that while Chinese businesses face significant IP issues in the U.S., American companies also encounter complexities in China. The discussion emphasizes the evolving nature of IP litigation in both countries, with a focus on fashion and brand protection. Panelists provide insights into strategies for navigating these challenges, including the use of design patents, trademarks, and trade dress, as well as the role of administrative bodies like the U.S. International Trade Commission (ITC).