Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The,
2011
Case Western Reserve University School of Law
Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst
Journal of Law, Technology, & the Internet
No abstract provided.
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing,
2011
Case Western Reserve University School of Law
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson
Journal of Law, Technology, & the Internet
No abstract provided.
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet,
2011
Case Western Reserve University School of Law
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar
Journal of Law, Technology, & the Internet
No abstract provided.
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research,
2011
American University Washington College of Law
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Negativing Invention,
2011
New York Law School
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
Culture, Creativity, & Copyright,
2011
Harvard Law School
Culture, Creativity, & Copyright, David A. Simon
Cardozo Arts & Entertainment Law Journal
Recent literature in copyright law has attacked the traditional theory that economic incentives motivate people to create. Although the onslaught of criticism has come from different directions, it all shares a similar goal. to move copyright law in a direction that reflects actual creative processes and motivations. This Article adds to and diverts from these accounts, arguing that creativity may be a product of memes: units of culture, analogous to genes, that replicate by human imitation.
A memetic theory of creativity focuses on memes as the reference point for thinking about creativity. Under this view, the creator is a brain …
Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property,
2011
Brooklyn Law School
Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale
Faculty Scholarship
No abstract provided.
Patent Costs And Unlicensed Use Of Patented Inventions,
2011
University of Michigan Law School
Patent Costs And Unlicensed Use Of Patented Inventions, Rebecca S. Eisenberg
Articles
Recent commentators have observed, and sometimes lamented, significant gaps between the formal reach of the patent system and the practical exclusionary effect of patent law. It is costly for technology developers to obtain and assert patents, for technology users to identify the patents they might be infringing and to clear rights, and for the Patent and Trademark Office (PTO) to find patent-defeating prior art. The costs of the patent system provide shelter for infringing behavior that might otherwise lead to either licensing or liability, perhaps mitigating excesses in the patent system while retaining strong rights that motivated owners may enforce. …
Music To Everyone's Ears: Binding Mediation In Music Rights Disputes,
2011
Benjamin N. Cardozo School of Law
Music To Everyone's Ears: Binding Mediation In Music Rights Disputes, Matthew H. Ormsbee
Cardozo Journal of Conflict Resolution
Litigation has been the mainstay of copyright disputes since America's earliest copyright statute first permitted a cause of action for copyright infringement in 1790. While alternative dispute resolution ("ADR") has become more prevalent in other areas of the law, many copyright attorneys and their clients do not typically consider ADR processes a viable option because these processes are still relatively new to copyright law.
This Note proposes greater use of binding mediation, a specialized ADR process, in music rights disputes, which are fundamentally copyright infringement disputes. Section I discusses the background of copyright litigation and modern application of ADR in …
The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?,
2011
Benjamin N. Cardozo School of Law
The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?, Jeena Moon
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Gray-Market Goods And Copyright's Gray Area,
2011
University of Richmond - School of Law
Gray-Market Goods And Copyright's Gray Area, James Gibson
Law Faculty Publications
Copyright law generally gives authors no control over the aftermarket for their goods. Suppose I write a book, and I sell you a copy of it. You are free to resell the book, or lend it to a friend, or give it away. That’s because as long as your copy is “lawfully made under this title” (that is, made with my authorization under U.S. law), then copyright has nothing to say about its further distribution – who owns it, who sells it to whom, etc.
This notion is known as the first sale doctrine. It is so named because at …
The Dmca And Repeat Infringers,
2011
University of Richmond - School of Law
The Dmca And Repeat Infringers, James Gibson
Law Faculty Publications
The recent agreement between big media companies and big Internet service providers (ISPs) concerning online copyright infringement has the law and technology world abuzz. ISPs like Comcast, Verizon, and Time Warner Cable have agreed to implement a system under which subscribers who repeatedly and illegally download copyrighted content will have their Internet access impeded and maybe even terminated.
This is big news, and it will probably receive more attention in this IP Viewpoints series. But the purpose of this column is to put this agreement in context, because much of what the companies have agreed to do appears to be …
Copyrights And Creditors: What Will Be Left Of The King Of Pop's Legacy?,
2011
Benjamin N. Cardozo School of Law
Copyrights And Creditors: What Will Be Left Of The King Of Pop's Legacy?, Jessica Bozarth
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Moving Beyond New Kids And Century 21: A New Test For Nominative Fair Use In The Domain Name Context,
2011
Benjamin N. Cardozo School of Law
Moving Beyond New Kids And Century 21: A New Test For Nominative Fair Use In The Domain Name Context, Robert Isabella
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Adventures Of 'Superman': A Narrative Worth Mediating,
2011
Benjamin N. Cardozo School of Law
The Adventures Of 'Superman': A Narrative Worth Mediating, Jeffrey Zeman
Cardozo Journal of Conflict Resolution
Summer, 2013. The world will believe, again, a man can fly. Most likely, anyway. Maybe. Fingers crossed.
The rights to Superman and his stories are the subject of a long-developing and heated dispute between publisher DC Comics ("DC") and the estate of Jerry Siegel, co-creator of the iconic character. While a much-talked-about reboot of the movie franchise enters preproduction, the latest round of lawsuits involves DC suing the Siegel family's attorney. The publisher claims attorney Marc Toberoff has wrongfully interfered with "contractual rights and other interests" by advising the families of Siegel and his cocreator, Joe Schuster, to reclaim the …
The Present (User-Generated Crisis) Is The Past (1909 Copyright Act): An Essay Theorizing The "Traditional Contours Of Copyright" Language,
2011
Tulane University Law School
The Present (User-Generated Crisis) Is The Past (1909 Copyright Act): An Essay Theorizing The "Traditional Contours Of Copyright" Language, W. Ron Gard, Elizabeth Townsend Gard
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach,
2011
University of California School of Law
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Reforming The Non-Obviousness Judicial Inquiry,
2011
Benjamin N. Cardozo School of Law
Reforming The Non-Obviousness Judicial Inquiry, Michelle Ernst
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Flexible Remedies As A Means To Counteract Failures In Copyright Law,
2011
College of Management Academic Studies Law School, Israel
Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Silence And Postmodern Copyright,
2011
American University Washington College of Law
Silence And Postmodern Copyright, Matt Williams
Cardozo Arts & Entertainment Law Journal
No abstract provided.
