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Intellectual Property Law Commons

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Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller 2021 University of California, Hastings College of the Law

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

Hastings Communications and Entertainment Law Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually ...


Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin 2021 University of California, Hastings College of the Law

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

Hastings Communications and Entertainment Law Journal

No abstract provided.


A “Journey” Through Band Agreements, Jordan M. Whitford 2021 University of California, Hastings College of the Law

A “Journey” Through Band Agreements, Jordan M. Whitford

Hastings Communications and Entertainment Law Journal

No abstract provided.


A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski 2021 Buffalo Law Review

A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski

Buffalo Law Review

No abstract provided.


Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-hussieny selite 2021 American University in Cairo

Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-Hussieny Selite

Theses and Dissertations

The optimum goal of copyright is to maximize the production of creative works and innovations by balancing the benefits of the copyright owners and public users. This balance requires securing the rights of copyright owners to induce authors to produce their creations, while at the same time providing public users with regulated freedom to use copyrighted work to produce new creations and innovations. In this context, it is necessary to explore the problems of the copyright system and address them in the optimum way to achieve the goals of copyright. This paper analyzes the problems of the United States copyright ...


Governing The Unknown: How The Development Of Intellectual Property Law In Space Will Shape The Next Great Era Of Exploration, Exploitation, And Invention, Lauren Peterson 2021 Northwestern Pritzker School of Law

Governing The Unknown: How The Development Of Intellectual Property Law In Space Will Shape The Next Great Era Of Exploration, Exploitation, And Invention, Lauren Peterson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2021 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Investing In The Open Access Book Infrastructure: A Call For Action, Pierre Mounier, Jeroen Sondervan, Graham Stone 2021 OpenEdition

Investing In The Open Access Book Infrastructure: A Call For Action, Pierre Mounier, Jeroen Sondervan, Graham Stone

Copyright, Fair Use, Scholarly Communication, etc.

Books play an essential role in scholarly communication, notably but not only within the Social Sciences and Humanities. Open science benefits the quality and value of research and scholarship. If open access is to benefit society as widely as possible, it is logical to include academic books. In a 2019 briefing paper, Science Europe reported that: “Open access to academic books must be considered in the wider open access policies developed by research institutions, funders, and governments.”

In recent years, Knowledge Exchange, a joint network of six key national organisations in Europe, has been working on gaining a better understanding ...


Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe 2021 College of William & Mary, Williamsburg

Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe

Journal of Food Law & Policy

The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.


International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. McDonald, David Taylor, Sameep Vijayvergiya, Uche Ewelukwa Ofodile, Ralph Cathcart, Michelle Wynne 2021 Southern Methodist University

International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald, David Taylor, Sameep Vijayvergiya, Uche Ewelukwa Ofodile, Ralph Cathcart, Michelle Wynne

The Year in Review

No abstract provided.


Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere 2021 University of the Witwatersrand

Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere

Joint PIJIP/TLS Research Paper Series

One of the core goals of South Africa’s Copyright Amendment Bill is to provide a right to fair remuneration for all authors and performers. This objective was motivated by the experiences of numerous famous South African creators who, despite their success in the creative industry, died as paupers. The problem that the Bill seeks to address is that the distributors of copyrighted work are dominated by multinational monopolies that are able to exact enormous concessions in their contracts with South African creators. Among the tools to address this problem in the Bill is a new right to a “fair ...


Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman 2021 Clemson University

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.


Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole 2021 Georgetown University

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries ...


Stalking The Wild X Patent, Barbara J. Hampton 2021 Clemson University

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated ...


Political Fair Use, Cathay Y. N. Smith 2021 Alexander Blewett III School of Law at the University of Montana

Political Fair Use, Cathay Y. N. Smith

Faculty Law Review Articles

During election season, politicians and political campaigns often use pop culture or iconic works, such as viral memes or popular songs, to help convey their political messages—often without authorization from the copyright owners of these works. As politics and politicians become ever more divisive, these unauthorized political uses of copyrighted works can be particularly objectionable to copyright owners. In addition to offending their political or moral inclinations, artists and copyright owners frequently claim that these political uses infringe their copyrights. Politicians and campaigns argue that their right to use copyrighted works for political purposes is protected by the First ...


The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter 2021 University of Tennessee Knoxville

The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter

Chancellor’s Honors Program Projects

No abstract provided.


Political Fair Use, Cathay Y. N. Smith 2021 William & Mary Law School

Political Fair Use, Cathay Y. N. Smith

William & Mary Law Review

No abstract provided.


Code Ownership : Plagiarism And Use, Alexis Nicole Amore 2021 Montclair State University

Code Ownership : Plagiarism And Use, Alexis Nicole Amore

Theses, Dissertations and Culminating Projects

Technology is moving at unmeasurable rates to that of law. Ownership rights and legality become harder to grasp distant theories. With community code-sharing and limiting language structures, when does code become plagiarized or entity-owned? The disciplines of Cyberlaw and computer science are used to provide a better understanding.

The Cyberlaw discipline explores how jurisdiction views cyberspace, source code, and source code’s placement within legislation. Due to cyberspace’s ever-evolving nature, litigation struggles to encompass the possibilities within it. Computer science delves into theory-based excursions that define the law’s shape in the cyber realm. It bolsters the possibility of ...


License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari 2021 Boston College Law School

License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari

Boston College Law Review

On March 13, 2020, in Photographic Illustrators Corp. v. Orgill, Inc., the U.S. Court of Appeals for the First Circuit held that, within copyright law, an implied sublicense is legally possible where a licensee’s nonexclusive license permits unrestricted sublicensing. This was an issue of first impression among the federal courts of appeals. This Comment argues that the First Circuit correctly concluded that implied sublicenses are legally possible and that the legal test for determining whether an implied sublicense exists must consider the relationship between the licensee and sublicensee. Nevertheless, because sublicensing necessarily excludes the copyright owner, applying a ...


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