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Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs 2011 Brigham Young University Law School

Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs

BYU Law Review

No abstract provided.


Symposium: Creativity And The Law: Introduction, Mark P. McKenna 2011 Notre Dame Law School

Symposium: Creativity And The Law: Introduction, Mark P. Mckenna

Journal Articles

Creativity is on the American mind. President Obama routinely suggests that creativity and ingenuity are the keys to America's economic future. Bill Gates emphasizes the power of creativity to solve the world's most pressing, and most difficult, problems. 2 But the creativity story is, of late, usually bleakly told: indeed, a recent Newsweek cover story proclaimed a "Creativity Crisis." Last November, a group of twelve academics gathered at the Notre Dame Law School to consider law's role in this story. What is creativity, and how does it map onto legal concepts like originality, novelty, or non-obviousness? What should law, and …


Fair Use Markets: On Weighing Potential License Fees, Wendy J. Gordon 2011 Boston University School of Law

Fair Use Markets: On Weighing Potential License Fees, Wendy J. Gordon

Faculty Scholarship

Justice Breyer began his classic article, The Uneasy Case for Copyright, with a line from Lord Macaulay, that copyright is "'a tax on readers for the purpose of giving a bounty to writers.'" Our society and its law values both writers and readers; the law cannot favor one side too much without losing some of the benefits the other side could have contributed. Make reading expensive and it will decrease, and readers might substitute less socially productive behaviors to take its place.


The Trips Enforcement Dispute, Peter K. Yu 2011 Texas A&M University School of Law

The Trips Enforcement Dispute, Peter K. Yu

Faculty Scholarship

2010 marks the fifteenth anniversary of the entering into force of the WTO TRIPS Agreement. When the Agreement was adopted, commentators quickly extolled the unprecedented benefits of having a set of multilateral enforcement norms built into the international intellectual property regime. Although intellectual property rights holders continue to rely on protection offered by the TRIPS Agreement, many of them have now become frustrated with the inadequacy of such protection. The agreement’s enforcement provisions, in particular, have been criticized as weak, primitive, and obsolete.

After more than a decade of implementation, these provisions finally became the subject of a dispute before …


Copyright Enforcement Of Non-Copyright Terms: Mdy V. Blizzard And Krause V. Titleserv, Justin Van Etten 2011 Duke Law

Copyright Enforcement Of Non-Copyright Terms: Mdy V. Blizzard And Krause V. Titleserv, Justin Van Etten

Duke Law & Technology Review

The rise of software and software licensing has led to another phenomenon: the attempted enforcement of software licenses through copyright law. Over the last fifteen years, content creators have begun to bring copyright suits against licensees, arguing that violation of license terms withdraws the permission needed to run the software, turning the use of the software into copyright infringement. Not surprisingly, courts have rejected this argument, and both the Ninth Circuit, in MDY v. Blizzard, and the Second Circuit, in Krause v. Titleserv, have developed new legal rules to prevent copyright enforcement of contract terms. This iBrief explores software licensing …


Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse 2011 University of Minnesota Law School

Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse

Library Staff Publications

No abstract provided.


Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene CALBOLI 2011 Singapore Management University

Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli

Research Collection Yong Pung How School Of Law

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free movement of goods across international borders, notably across members of free trade areas. In particular, this Article examines the application of the principle of trademark first sale and the resulting process of market integration that has characterized to date the members of NAFTA and the European Union. Based upon this comparison, this Article argues that the …


Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans 2011 Widener University School of Law

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …


Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy 2011 University of New Hampshire School of Law

Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy

Law Faculty Scholarship

As the Lanham Act approaches the age of 65, it is a good time to take stock of its application to, and place within, the object and purpose of trademark law. Trademark law seeks to promote fair competition by reducing consumer search costs and preventing confusion in the minds of consumers as to the source of goods and services. However, Section 2(a) of the Lanham Act prevents registration of marks that are “immoral,” “scandalous,” “disparaging,” “deceptive,” or which “create a false association” with persons, institutions, beliefs, or national symbols. The 2(a) bar expands trademark law well beyond its basic goals. …


Toward A Trips Truce, Patricia L. Judd 2011 Washburn University School of Law

Toward A Trips Truce, Patricia L. Judd

Michigan Journal of International Law

The World Trade Organization's (WTO's) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS or Agreement), now over fifteen years old, regulates a marketplace characterized by extraordinary dynamism, influenced by the constant forces of globalization and technological evolution. Attempts to regulate this market raise natural, persistent questions concerning the Agreement's ability to serve its respective constituencies and adapt to change. The Agreement operates in the midst of an age-old dynamic pitting developing and developed countries against one another, especially when it comes to domestic enforcement against piracy and counterfeiting-a dynamic in which TRIPS has been criticized as a one-sided instrument. …


"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods, Patricia S. Abril 2011 University of Miami School of Law

"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods, Patricia S. Abril

Articles

No abstract provided.


Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe 2011 University of Florida Levin College of Law

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

UF Law Faculty Publications

Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …


Patents, Presumptions, And Public Notice, Timothy R. Holbrook 2011 Emory University School of Law

Patents, Presumptions, And Public Notice, Timothy R. Holbrook

Indiana Law Journal

Patents are peculiar legal instruments in that they contain both technical and legal information. This Janus-like nature of the documents is important because they serve the legal purpose of affording the owner the right to exclude others from practicing the invention, and third parties need to be able to assess the scope of that right. At the same time, through the patent’s disclosure, the document is intended to contribute to the storehouse of technical knowledge. Superficially, patents are generally viewed through the eyes of the hypothetical person having ordinary skill in the art (PHOSITA), patent law’s “reasonable person.” Unfortunately, the …


The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Paul J. Heald, Robert Brauneis 2011 University of Georgia

The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Paul J. Heald, Robert Brauneis

Cardozo Law Review

Trademark dilution is a highly controversial cause of action that has been the subject of hundreds of law review articles, but no significant scientific work. We analyze sixty years of telephone white pages, corporate and LLC naming data, advertisements from the New York Times, Wall Street Journal, and Washington Post, state and federal trademark databases, and all recorded dilution litigation. Our data strongly suggest that famous trademarks are frequently borrowed for use as trade names in services, but almost never as trade marks on products. Given that Congress based anti-dilution legislation on the assumption that uses like …


Digital Copyright And Confuzzling Rhetoric, Peter K. Yu 2011 Texas A&M University School of Law

Digital Copyright And Confuzzling Rhetoric, Peter K. Yu

Faculty Scholarship

The entertainment industry tells people they shouldn’t steal music because they wouldn’t steal a car, but has anybody ever downloaded a car? Music fans praise Napster and other file-sharing services for helping to free artists from the stranglehold of the music industry, but how many of these services actually have shared profits with songwriters and performing artists? Industry representatives claim that people use YouTube primarily to listen to or watch copyrighted contents, but are they missing a big piece of the user-generated content picture? Artists are encouraged to forget about copyright and hold live concerts instead, but can all artists …


Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi 2011 University of Ferrara, Italy

Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi

Cardozo Journal of International and Comparative Law

In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, …


A Matter Of Access: How Bypassing Drm Does Not Always Violate The Dmca, Alicia Hoffer 2011 University of Washington School of Law

A Matter Of Access: How Bypassing Drm Does Not Always Violate The Dmca, Alicia Hoffer

Washington Journal of Law, Technology & Arts

In the last decade, several federal circuit courts have applied the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) to determine what forms of unauthorized access to copyrighted work are prohibited. Courts have considered Digital Rights Management (DRM) disputes concerning access to both copyrighted digital-media and manufactured products. The Second and Ninth Circuits have applied the DMCA in digital media cases to protect the owners of digital copyrighted works. The Fifth, Sixth, and Federal Circuits have applied the DMCA in manufactured-product cases, holding that bypassing DRM controls does not violate the DMCA under certain circumstances. These differing conclusions stem …


Book Review Of Research Handbook On The Protection Of Intellectual Property Under Wto Rules And Research Handbook On The Interpretation And Enforcement Of Intellectual Property Under Wto Rules, Benjamin J. Keele 2011 University of Minnesota Law School

Book Review Of Research Handbook On The Protection Of Intellectual Property Under Wto Rules And Research Handbook On The Interpretation And Enforcement Of Intellectual Property Under Wto Rules, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf 2011 Benjamin N. Cardozo School of Law

Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf

Cardozo Public Law, Policy & Ethics Journal

The article argues that the nonobviousness requirement under 35 U.S.C. §103 is overly subjective and unpredictable, undermining the patent system's effectiveness. It contends that this indeterminacy discourages innovation and allows monopolies on minor improvements. The author proposes two reforms to enhance objectivity and consistency: a public database of nonobviousness decisions and treating prior art as a constructive specification for patent claims.


Journal Of Intellectual Property Law Editorial Board, 2011-2012, Journal of Intellectual Property Law 2011 University of Georgia School of Law

Journal Of Intellectual Property Law Editorial Board, 2011-2012, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.


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