Intellectual Property Law Commons^™

Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

Oklahoma Journal of Law and Technology

No abstract provided.

The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo

Oklahoma Journal of Law and Technology

No abstract provided.

Patentability Of Living Matter Related To Biofuel Production In The U.S., Nathan K. Shrewsbury

Oklahoma Journal of Law and Technology

No abstract provided.

Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison

Oklahoma Journal of Law and Technology

No abstract provided.

Copyright For Publishing 2, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

For B. Rilett's Editing & Publishing class, August 28, 2017. Updated for Sept. 13, 2018.

Patent Reform Act Of 2010: The Time For Change Is Now, Shivan Mehta

Oklahoma Journal of Law and Technology

No abstract provided.

Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene

Maine Law Review

This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore's application of this substantive law. Part IV explores the …

Rapid Litigation Management Ltd. V. Cellzdirect, Inc.: Limiting The Use Of Subject Matter As A Functional Barrier To Patent Eligibility In The Biotechnology Industry, Casey M. Olesen

Maine Law Review

In recent years, the biotechnology industry has surpassed a market worth of $200 billion dollars, with over 1.4 million jobs dependent on that market. However, the biotechnology industry is also uniquely dependent on the patent system to protect the huge investments of time and money required to bring new research to the market. Increasingly, courts have improperly used the Patent Act's Section 101 subject matter eligibility requirement as a functional barrier for new biotechnological patents, creating substantial uncertainty in the validity of many patents. In particular, the courts have utilized judicially created exceptions to allowable subject matter--laws of nature, natural …

Stop Online Piracy Act, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.

Louboutin's Trademark Suit Against Yves Saint Laurent: Creating A Color War In The Fashion Industry, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.

The 2.5% Commitment, David W. Lewis

Copyright, Fair Use, Scholarly Communication, etc.

The commitment: Every academic library should commit to contribute 2.5% of its total budget to support the common infrastructure needed to create the open scholarly commons.

Ip Update On The U.S., Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble spoke at the Institute of European Studies of Macau (IEEM) IP Programme 2017: The Professional Intellectual Property Update on 8 November 2017 at the premises of the Hong Kong Intellectual Property Department of the Government of the HKSAR (HKIPD) in Wanchai. The event, hosted by IEEM, provided an overview of major important legal decisions and developments in intellectual property law and policy across the globe. During her session, ‘New Developments in IP Law – A Panel Birds-Eye View and Discussion’, Trimble explored significant and recent developments in IP law in the U.S.A.

Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs

Washington and Lee Law Review Online

This article proposes a solution to a problem in the cannabis industry resulting from the unavailability of federal trademark registration for that sector. The author offers modest changes to the existing state trademark registration systems to make up for the gaps at the federal level. The proposed reforms would strengthen the trademark framework by conferring on cannabis trademark registrations presumptions of ownership, exclusive rights, and validity beyond the presumption of registration currently afforded under state laws. To extend protection throughout the geographic breadth of the cannabis marketplace, the states with legalized recreational cannabis would offer reciprocal recognition of state cannabis …

Recommended Versus Certified Repositories: Mind The Gap, Sean Edward Husen, Zoë G. De Wilde, Anita De Waard, Helena Cousijn

Copyright, Fair Use, Scholarly Communication, etc.

Researchers are increasingly required to make research data publicly available in data repositories. Although several organisations propose criteria to recommend and evaluate the quality of data repositories, there is no consensus of what constitutes a good data repository. In this paper, we investigate, first, which data repositories are recommended by various stakeholders (publishers, funders, and community organizations) and second, which repositories are certified by a number of organisations. We then compare these two lists of repositories, and the criteria for recommendation and certification. We find that criteria used by organisations recommending and certifying repositories are similar, although the certification criteria …

Connect Oer Annual Report 2016-2017, Brady Yano

Copyright, Fair Use, Scholarly Communication, etc.

Earlier this year, SPARC launched Connect OER—a platform to share and discover information about Open Educational Resources (OER) activities at campuses across North America. Through Connect OER, academic libraries create and manage profiles about their institution’s efforts on OER, producing valuable data that we use to populate a searchable directory and produce an annual report.

As the first Connect OER Annual Report, this document summarizes insights from the Connect OER pilot, which ran from May - July 2017. The data encompass 65 SPARC member libraries spanning 31 U.S. states and five Canadian provinces who participated in the pilot. Our analysis …

The Promise And Problem Of Biologics, Michael A. Sanzo

Santa Clara High Technology Law Journal

The Promise and Problem of Biologics

Fairness In Copyright Law: An Anglo-American Comparison, Ilanah Fhima

Santa Clara High Technology Law Journal

Fairness in Copyright Law: An Anglo-American Comparison

Section 108 Of Title 17: A Discussion Document Of The Register Of Copyrights, Chris Weston, Aurelia J. Schultz, Emily M. Lanza, Michelle Choe, Karyn Temple Claggett

Copyright, Fair Use, Scholarly Communication, etc.

The objective of the discussion document is: to review the issues raised over the past decade of revision work; to outline the Office’s current views and proposals on the various revision issues; and to present and explain model statutory language for a new section 108. Although the model statutory language should not be seen as the Office’s final view on section 108, the Office believes that it is important to provide a more concrete framework for further discussion. Additionally, the Discussion Document includes copious illustrative examples of how the Office envisions the proposals might work in practice.

CONCLUSION

Libraries, archives, …

Patent Law: How Big Pharma Delays Generic Entry, Robin Feldman

The Judges' Book

No abstract provided.

Patent Law: Finding Space For State Authority To Regulate Patents, Robin Feldman

The Judges' Book

No abstract provided.

Order Without Intellectual Property Law : Open Science In Influenza, Amy Kapczynski

Cornell Law Review

Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group—all without recourse to IP. I analyze the Network as an example of “open science,” a …

What Would Grandma Say? How To Respond When Cyber Hackers Reveal Private Information To The Public, Jason P. Ottomano

Cornell Law Review

No abstract provided.

A Splendid Torch: Learning And Teaching In Today’S Academic Libraries, Jodi Reeves Eyre, John C. Maclachlan, Christa Williford

Copyright, Fair Use, Scholarly Communication, etc.

In the winter of 2015, a handful of current and former CLIR postdoctoral fellows gathered at a small restaurant in Washington, D.C., to celebrate publication of The Process of Discovery: The CLIR Postdoctoral Fellowship Program and the Future of the Academy. In typical CLIR fellowship alumni fashion, it took about an hour of relaxation before we began to look at one another and ask, “Now what?” Over fried pickles, barbecue brisket, and vegan spare ribs, we decided to recreate the Collaborative Writing Group (CWG) experience that fostered the collection of essays about what we had learned from our work in …

Information In The Ecosystem: Against The “Information Ecosystem”, Timothy B. Norris, Todd Suomela

Copyright, Fair Use, Scholarly Communication, etc.

The “information ecosystem” metaphor is widely used in academic libraries and has become nearly ubiquitous when speaking of the information systems that support scholarly communication and varied forms of data sharing and publication. The trending use of this language arises from non-academic applications — for example in big data (the Hadoop ecosystem) or software development (the node.js ecosystem) — and there remains little critical examination of the use of this metaphor. Indeed, the definition of ecosystem as the set of relations between living organisms and their surrounding non-living environment is apparently not directly a part of the metaphor. This paper …

Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

On Copyright And Scientific Theory, Thomas M. Byron

Santa Clara High Technology Law Journal

On Copyright and Scientific Theory

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.