Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, 2011 IIT Chicago-Kent College of Law
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
All Faculty Scholarship
The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …
New Business Models For Music, 2011 IIT Chicago-Kent College of Law
New Business Models For Music, Henry H. Perritt Jr.
All Faculty Scholarship
The popular music industry is in the middle of a technology-driven revolution. It is clear that the old order has been swept away, but it is not yet clear what form the “new order” will take. The major labels are on life support and will not survive in anything like their previous form. Compact Discs are dead as a distribution medium. Copyright is unenforceable and hence essentially irrelevant except at the margins of the “new order.” Barriers to entry have been reduced dramatically as the costs of producing top-quality recordings have declined by a couple of orders of magnitude. Portable …
A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, 2011 Florida International University College of Law
A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa Oseitutu
Faculty Publications
To some extent, traditional knowledge can be protected under various intellectual property laws, but there is no effective international legal protection for this subject matter. This has led to proposals for a sui generis regime to protect traditional knowledge. The precise contours of the right are yet to be determined but a sui generis right could include perpetual protection. It could also result in protection for historical communal works and for knowledge that may be useful but that is not inventive according to the standards of intellectual property law.
Developing countries have been more supportive of an international traditional knowledge …
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, 2011 Cornell Law School
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk
Cornell Law Faculty Publications
This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers …
Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 2011 Golden Gate University School of Law
Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, William T. Gallagher
Publications
This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semistructured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …
Unjust Patents & Bargaining Breakdown: When Is Declaratory Relief Needed?, 2011 Golden Gate University School of Law
Unjust Patents & Bargaining Breakdown: When Is Declaratory Relief Needed?, Chester Chuang
Publications
The Declaratory Judgment Act is a statute designed to give parties uncertain of their legal rights the ability to obtain a fair and impartial determination of those rights. Any action for declaratory relief must meet certain minimum jurisdictional requirements, but, interestingly, even if the case meets those requirements, the Act expressly gives courts the discretion to accept or decline the case. When, then, should a court take such a case, and when should it decline? This question is particularly important in patent cases given the frequency with which declaratory relief actions arise in patent litigation.
This Article contends that a …
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, 2011 Nova Southeastern University - Shepard Broad Law Center
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Faculty Scholarship
No abstract provided.
"Do Androids Dream?": Personhood And Intelligent Artifacts, 2011 University of South Carolina - Columbia
"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard
Faculty Publications
This Article proposes a test to be used in answering an important question that has never received detailed jurisprudential analysis: What happens if a human artifact like a large computer system requests that it be treated as a person rather than as property? The Article argues that this entity should be granted a legal right to personhood if it has the following capacities: (1) an ability to interact with its environment and to engage in complex thought and communication; (2) a sense of being a self with a concern for achieving its plan for its life; and (3) the ability …
Fair Use As A Matter Of Law, 2011 University of South Carolina - Columbia
Fair Use As A Matter Of Law, Ned Snow
Faculty Publications
Courts have recently abandoned the centuries-old practice of construing fair use as an issue of fact for the jury. Fair use now stands as an issue of law for the judge. This change is threatening traditional contours of copyright law that protect fair-use speech. Courts, then, must reform their current construction of fair use by returning to its origins— fair use as a factual matter for the jury. Yet even if courts do construe fair use as a matter of fact, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, …
Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, 2011 Duke University School of Law
Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
The idea of the Library of Alexandria has powerfully expanded over the centuries, embodying the dream of universal wisdom and knowledge centralized in one single place. Digitization projects, such as the Google books project, are reviving the hope that this dream may come true. Moreover, the ubiquity of the networked environment promises to open access to this aiber-library to everybody with an Internet connection. Today the entire collection of human knowledge may be only one click away. Whether the dream of the Library ofAlexandria will be achieved by the Google books project is highly debated. Recently, a court decision concluded …
Food And Drug Law As Intellectual Property Law: Historical Reflections, 2011 Northeastern University
Food And Drug Law As Intellectual Property Law: Historical Reflections, Kara Swanson
Kara W. Swanson
No abstract provided.
The Legality Of Free And Open Source Software Licenses: The Case Of Jacobsen V. Katzer, 2011 Sharjah University
The Legality Of Free And Open Source Software Licenses: The Case Of Jacobsen V. Katzer, Brian Fitzgerald, Rami M. Olwan
Rami M Olwan
No abstract provided.
The Creativity Effect (With C. Sprigman), 2011 Chicago-Kent College of Law
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
Christopher J. Buccafusco
No abstract provided.
The New Form Adv Part 2 And The "Plain English" Movement Of The Sec, Finra And Michigan's Ofir, 2011 Miller, Canfield, Paddock and Stone, PLC
The New Form Adv Part 2 And The "Plain English" Movement Of The Sec, Finra And Michigan's Ofir, Michael P. Coakley, Matthew P. Allen
Matthew P. Allen
This Article examines the changes to Part 2 of the Form ADV by the United States Securities & Exchange Commission (“SEC”). The SEC requires all investment advisers (“RIAs” or “advisers”) registered with the SEC to complete and file a Form ADV with the SEC and deliver Part 2 of that form to each adviser customer or prospective customer. The Securities Division of the Michigan Office of Financial and Insurance Regulation (“OFIR”), responsible for implementing the state adviser rules and regulations under the Michigan Uniform Securities Act, requires advisers in Michigan to file the same Form ADV and deliver Part 2 …
The Rule Of Entertainment Law; Or Lack Thereof: Exposing The Diminishing Rule Of Law In The Entertainment Industry, 2011 University of California, Berkeley School of Law
The Rule Of Entertainment Law; Or Lack Thereof: Exposing The Diminishing Rule Of Law In The Entertainment Industry, Noah J. Wald
Noah J Wald
No abstract provided.
Don't Circumvent My Dongle! Misinterpretation Of The Digital Millennium Copyright Act Threatens Digital Security Technology, 2011 University of California, Berkeley School of Law
Don't Circumvent My Dongle! Misinterpretation Of The Digital Millennium Copyright Act Threatens Digital Security Technology, Noah J. Wald
Noah J Wald
No abstract provided.
Appellate Jurisdiction Of The Supreme Court Of India, 2011 National Law University, Delhi
Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Islamic Banking In India, 2011 National Law University, Delhi
Child Labour In India, 2011 National Law University, Delhi
Escrow Mechanism Under Foreign Direct Investment, 2011 National Law University, Delhi
Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.