Intellectual Property Law Commons^™

Flat Broke And Busted, But Can I Keep My Domain Name? Domain Name Property Interests In The First, Fifth, And Eleventh Circuits, Steven Blackerby

Georgia Journal of Law & Technology

No abstract provided.

See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner

Georgia Journal of Law & Technology

No abstract provided.

Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson

Georgia Journal of Law & Technology

No abstract provided.

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Georgia Journal of Law & Technology

No abstract provided.

I Am Glad I Got To Know Him, David E. Shipley

Georgia Journal of Law & Technology

No abstract provided.

The Lesson Patterson Taught, Lawrence Lessig

Georgia Journal of Law & Technology

No abstract provided.

Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz

Georgia Journal of Law & Technology

No abstract provided.

Remembering L. Ray Patterson, Paul J. Heald

Georgia Journal of Law & Technology

No abstract provided.

A Tribute To Professor L. Ray Patterson, Kristen M. Beystehner

Georgia Journal of Law & Technology

No abstract provided.

The Ftc’S Pae Study: Doing More Harm Than Good, Kristen Osenga

Law Faculty Publications

Recently, the Federal Trade Commission (FTC) released a report of its study of patent assertion entities (PAEs). The report was long anticipated and could have gone a long way to shining some light on patent licensing firms – who they are, how they operate, and so on. After all, patent licensing firms are misunderstood, partially because so much of their activity is not visible to the public. In theory, because the FTC has the power to obtain this invisible information, the study could have provided the data and insight needed to better understand these firms and improve the policy dialogue …

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …

On The Premises And Beyond: Managing Copyright Policy Through Institutional And Technological Change, Brandy Karl

Charleston Library Conference

Copyright issues are important to every library, large and small. Libraries, librarians, and library staff are protected by a host of exceptions and copyright rules that are often not followed correctly or at all. This article discusses easy, simple compliance with the laws protecting libraries from infringements made on the traditional library premises.

Further, the library’s work is increasingly off‐site. From virtual consultations to delivering digitized materials off‐site, copyright law can affect the depth and breadth of online services that would otherwise be equivalent to in‐person patron services. The paper describes “virtual library premises” and discusses the legal ramifications of …

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton

Charleston Library Conference

Thoroughly understanding what professors and instructors needed to accomplish their teaching goals with streaming video was the first step enabling one academic library to successfully manage a rapid increase in demand for streaming media. The second element was incorporating an expert understanding of copyright law and the nature of the video marketplace.

This paper will strive to educate librarians and other professional library staff on how they can best integrate media streaming into mainstream library services for their campus faculty, as well as how to provide a full range of streaming services. The paper also will address workflow, communication with …

Patent Reexamination Post Litigation: It's Time To Set The Rules Straight, Tremesha S. Willis

Georgia Journal of Law & Technology

No abstract provided.

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Georgia Journal of Law & Technology

No abstract provided.

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Georgia Journal of Law & Technology

No abstract provided.

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Georgia Journal of Law & Technology

No abstract provided.

Claims As Pointers: The Statutory Approach To Claim Construction, Joseph Mueller

Georgia Journal of Law & Technology

No abstract provided.

American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald

Georgia Journal of Law & Technology

No abstract provided.

Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey

Georgia Journal of Law & Technology

This article explores the copyright principle of media neutrality in the context of three sets of cases dealing with videogame enhancements, database compilations, and peer-to-peer file sharing. In each set of cases, at least one court produces a judgment which relies heavily on technological distinctions among electronic storage and retrieval systems, in apparent contravention of the media neutrality principle. Media neutrality confers fairly broad authority on courts to extend protection to copyrighted content distributed through new technologies. However, judicial concerns about the relative institutional competencies of Congress and the courts, most clearly expressed in the Sony decision, rightly impose limitations …

Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman

Georgia Journal of Law & Technology

No abstract provided.

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog

Georgia Journal of Law & Technology

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

Recent Development: Craigslist And The Cfaa: The Untold Story, Clark S. Splichal

Florida Law Review

Part I of this Comment begins by tracking the CFAA’s evolution in the Ninth Circuit as applied in the internet realm. Part II examines the Nosal decision and whether the court properly applied it in Craigslist. Part II also examines the implications for web start-ups seeking to exploit existing, publicly available data if the Northern District eventually holds against 3Taps Inc. at trial or on summary judgment. Finally, Part III proposes a statutory solution that creates a safe harbor within the CFAA for users accessing public computer systems, effectively removing these defendants from the purview of the CFAA. This …

Regulating Digital Trade, Sapna Kumar

Florida Law Review

Under § 337 of the Tariff Act, the International Trade Commission (ITC) has jurisdiction over articles that enter the country and infringe intellectual property rights. Recently, the ITC vastly expanded its powers, asserting jurisdiction over imported digital files that infringe intellectual property rights. This Article examines the limits of the ITC’s authority, arguing that it lacks jurisdiction over digital information, because information in the abstract cannot be controlled by a court or an agency. It maintains that the ITC has misconstrued the breadth of its statutory authority under the Tariff Act and that the traditional tools of statutory interpretation show …

Geolocation, Geoblocking, And Private International Law, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble delivered her lecture Geolocation, Geoblocking and Private International Law on October 6, 2016 to students attending the Law School of Masaryk University in the Czech Republic.

The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko

Santa Clara High Technology Law Journal

The Internet of Things: Where Privacy and Copyright Collide

A Genre Theory Of Copyright, Omri Rachum-Twaig

Santa Clara High Technology Law Journal

A Genre Theory of Copyright

Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt

Georgia Journal of Law & Technology

No abstract provided.

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Georgia Journal of Law & Technology

No abstract provided.

Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty

Georgia Journal of Law & Technology

No abstract provided.