Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (2)
- Fair use (2)
- AI (1)
- Congress (1)
- Consumer autonomy (1)
-
- Copyright Act of 1976 (1)
- European Union (1)
- Expressive use (1)
- FITF (1)
- FTI (1)
- First to file (1)
- First to invent (1)
- Four factor test (1)
- Grace period (1)
- Idea expression distinction (1)
- Machine learning (1)
- Medium neutrality (1)
- Non-expressive use (1)
- Patent reform (1)
- Prior user rights (1)
- Supreme Court (1)
- TDM (1)
- Technological change (1)
- Technology (1)
- Technology Transfer Offices (1)
- Text data mining (1)
- USPTO (1)
- United States (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag
The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag
Faculty Articles
Now that the dust has settled on the Authors Guild cases, this Article takes stock of the legal context for TDM research in the United States. This reappraisal begins in Part I with an assessment of exactly what the Authors Guild cases did and did not establish with respect to the fair use status of text mining. Those cases held unambiguously that reproducing copyrighted works as one step in the process of knowledge discovery through text data mining was transformative, and thus ultimately a fair use of those works. Part I explains why those rulings followed inexorably from copyright's most …
The Need For Speed (And Grace): Issues In A First-Inventor-To-File World, Margo A. Bagley
The Need For Speed (And Grace): Issues In A First-Inventor-To-File World, Margo A. Bagley
Faculty Articles
“One is the loneliest number that you’ll ever do.” This lyric applies to the United States which, since 1998, stands alone among the world’s patent systems in awarding patents to the first person to invent a claimed invention (first to invent, or “FTI”) as opposed to the first inventor to file an application claiming the invention (“FITF”). But its lonely days may soon be over: a provision in pending patent reform legislation will (if passed) move the United States from FTI to FITF and end its solitary stance.
Some argue that the U.S. already has a de facto FITF system, …
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
Faculty Articles
Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …