Intellectual Property Law Commons^™

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, 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, 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, Nicole Boutros

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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, 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, Frank Pasquale

Faculty Scholarship

No abstract provided.

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, 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"?, Jeena Moon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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, 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?, 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, Robert Isabella

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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, W. Ron Gard, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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, Michelle Ernst

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.