Intellectual Property Law Commons^™

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 …

Session 1: Access To Legal Services - The Role Of Innovation And Technology, Steven Bender, Stacy Butler, Anna Carpenter, Michael Cherry, Sands Mckinley, Kimball Dean Parker, Miguel Willis

SITIE Symposiums

This expert panel is addressing access to justice problems. People without access to lawyers and legal services suffer in many ways not limited to divorce, domestic violence, and educational roadblocks. This panel will ask what lawyers can do to help, in what ways can technology help or replace lawyers in the delivery of legal and non-legal services. It will also explore different legal services being offered by individuals who do not have a JD, online firms, and developing technology in a law firm owed subsidiary. There are six panelists who are broken into two categories: (1) the innovation and delivery …

Opening Session, Annette Clark, Steven Bender

SITIE Symposiums

This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.

Bully No More: Why Trademark Owners Engage In Trademark Overreach And How To Prevent It, Quynh La

Washington Law Review

At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners use policing and enforcement to maintain a trademark’s goodwill, which in turn protects consumers from confusion. But policing and enforcement can lead to trademark overreach and bullying—which undermine the goal of trademark law. This Comment explains that trademark owners are incentivized to engage in aggressive enforcement tactics because courts weigh enforcement efforts in favor of trademark strength. And strong trademarks receive strong protection because such marks are more likely to succeed in trademark infringement litigation. To curb trademark bullying and realign trademark law with its …

Led Zeppelin, “Stairway To Heaven,” And Cognitive Aging: Implications For Laches In The Copyright Context, John M. Mccormick-Huhn

Nevada Law Journal

No abstract provided.

“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias

Journal of Law and Policy

 Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason.  The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test.  With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.

Originality's Other Path, Joseph A. Fishman

Vanderbilt Law School Faculty Publications

Drawing on original archival research, this Article challenges the standard account of what originality doctrine is and what courts can do with it. It identifies Nelson's forgotten copyright legacy: a still-growing line of cases that treats music differently, sometimes even more analogously to patentable inventions than to other authorial works. These decisions seem to function as a hidden enclave within originality's larger domain, playing by rules that others couldn't get away with. They form originality's other path, much less trod than the familiar one but with a doctrinal story of its own to tell. Originality and nonobviousness's parallel beginnings reveal …

Tracking Change And Continuity In Twenty-First Century Copyright Fair Use [Review], Michael Goodyear

Other Publications

A review of Barton Beebe, An Empirical Study of U.S. Co right Fair Use Opinions Uvdated. 1978-2019, 10 N.Y.U. J. Intell. Prop. & Ent. L. 1 (2020).

Future Of Scholarly Communication: Forging An Inclusive And Innovative Research Infrastructure For Scholarly Communication In The Social Sciences And Humanities, Maciej Maryl, Marta Błaszczyńska, Operas

Copyright, Fair Use, Scholarly Communication, etc.

Authors: Karla Avanço • Ana Balula • Marta Błaszczyńska • Anna Buchner • Lorena Caliman • Claire Clivaz • Carlos Costa • Mateusz Franczak • Rupert Gatti • Elena Giglia • Arnaud Gingold • Susana Jarmelo • Maria João Padez • Delfim Leão • Maciej Maryl • Iva Melinščak Zlodi • Kajetan Mojsak • Agata Morka • Tom Mosterd • Elisa Nury • Cornelia Plag • Valérie Schafer • Mickael Silva • Jadranka Stojanovski • Bartłomiej Szleszyński • Agnieszka Szulińska • Erzsébet Tóth-Czifra • Piotr Wciślik • Lars Wieneke

This report discusses the scholarly communication issues in Social Sciences and …

Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

In the last decade, the licensing of standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms has been a thorny issue for SEP holders in the US and Europe on the one hand, and major SEP implementers in major Asian economies on the other, such as Japan, Korea, the PRC, Taiwan and even India. With the rise of the Fourth Industrial Revolution, driven by the Internet of Things (IoT), 5G, driverless vehicles, and artificial intelligence (AI), which relies even more on interconnectivity, more and more new standards and SEPs will emerge, and the issue of FRAND licensing of …

The Curious Case Of Horseracing Data Caught In A Tangled Web Of Relationships – The Racing Partnership Ltd V. Sports Information Services Ltd [2020] Ewca Civ 1300, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

This paper comments on the recent split decision of the English Court of Appeal in The Racing Partnership Ltd v. Sports Information Services Ltd [2020] EWCA Civ 1300 concerning the common law action for misuse of confidential information. Although the majority overturned the decision of the trial judge and found in favour of the defendant, this author will explain why the conclusion reached by the dissenting judge is the more compelling.

Trade Marking ‘Covid’ And ‘Coronavirus’ In The Usa: An Empirical Review, Irene Calboli

Faculty Scholarship

Famous and sensational events often lead to several entities filing trade mark applications that include terms related to these events. The most recent example of this phenomenon is the COVID-19 pandemic, which has led to large numbers of (largely controversial) filings worldwide.

In this article, I review the applications including the terms ‘COVID’ and ‘Coronavirus’ filed with the United States Patent and Trademark Office (USPTO) in 2020 based on the data available and recorded by the end of January 2021. These data offer significant information related to the type of products for which the applications were filed, the type of …

Introduction: Lenses, Methods, And Approaches In Intellectual Property Research, Irene Calboli, Maria Lillà Montagnani

Faculty Scholarship

The relevance of Intellectual Property (IP) Law in our society has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP Law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, and information, in an unprecedented manner. No longer relegated to a cohort of few specialized experts, IP Law is now at the front and centre …

Signs Of Ghost Appearance In Short Stories In Bataviaasch Nieuwsblad (1936-1939): Semiotic Analisys, Rufaida Rufaida, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018-2019 the production of the Indonesian ghost story is much in demand and favored, even in 2020 the ghost content on YouTube is still lively and salable in the Indonesian market. The existence of ghosts cannot be separated from the daily lives of Indonesians.The author is interested in exploring further how the signs of the emergence of a ghostly figure believed by the people in the colonial era. This study uses a descriptive qualitative method with an approach using the analysis of language semiotics from the perspective of Charles Sanders Peirce's semiotics theory. 5 ghost stories published by the …

Swissenveo: A Fair National Environmental Data Repository For Earth Observation Open Science, Gregory Giuliani, Hugues Cazeaux, Pierre-Yves Burgi, Charlotte Poussin, Jean-Philippe Richard, Bruno Chatenoux

Copyright, Fair Use, Scholarly Communication, etc.

Environmental scientific research is highly becoming data-driven and dependent on high performance computing infrastructures to process ever increasing large volume and diverse data sets. Consequently, there is a growing recognition of the need to share data, methods, algorithms, and infrastructure to make scientific research more effective, efficient, open, transparent, reproducible, accessible, and usable by different users.

However, Earth Observations (EO) Open Science is still undervalued, and different challenges remains to achieve the vision of transforming EO data into actionable knowledge by lowering the entry barrier to massive-use Big Earth Data analysis and derived information products. Currently, FAIR-compliant digital repositories cannot …

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

American Indian Law Journal

No abstract provided.

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 …

Transforming “Total Concept And Feel”: Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys Craig

Articles & Book Chapters

Copyright infringement doctrine currently overprotects copyright owners against the perceived wrong of copying, failing to adequately countenance copying as an essential part of the authorial creative process. Drawing on existing infringement doctrine in the United States and Canada, this Article will offer an interpretation of “substantial similarity” that opens up (or at least better safeguards) space for creative copying—that is to say, copying that substantially transforms the original copied work and, in doing so, advances the public interest goals of the copyright system. Part I lays the groundwork by briefly presenting a dialogic vision of authorship that complicates conventional assumptions …

Iconic Designs, Icon Status, And Intellectual Property: Discussing Copyright And Fashion And The Ideal Mode Of Protection For Fashion Designs And Patterns, Bianca Lindau

Cornell Law Library Cantwell Prize for Exemplary Student Research Papers

In the United States, the establishment of copyright protection for fashion designs and patterns has been a struggle that has only partially been successful. Protections available under design patent, trademark, and trade dress law only provide insufficient protection to fashion designs. Since the Star Athletica v. Varsity decision, it is clear that fashion patterns enjoy sufficient protection under copyright law. In the European Union and in Germany, the intellectual property protection capital of Europe, fashion designs enjoy much greater protection than in the United States. This paper uses a comparative approach to discuss the advantages and disadvantages of providing more …