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Full-Text Articles in Social and Behavioral Sciences
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual …
“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller
“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller
Faculty Publications
This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005–07) with the United States Office of Education policy on copyright in funded research (1965–70).The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Michael W. Carroll
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual …