Sequential Musical Creation And Sample Licensing,
2010
Northwestern University School of Law
Sequential Musical Creation And Sample Licensing, Peter Dicola
Faculty Working Papers
All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology,
2010
Northwestern University School of Law
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …
In Defense Of Intellectual Property Anxiety,
2010
Case Western University School of Law
In Defense Of Intellectual Property Anxiety, Aaron K. Perzanowski
Faculty Publications
In this Response to Professor Fagundes’s "Property Rhetoric and the Public Domain," Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.
A New Approach To Data Security Breaches,
2010
Schulich School of Law, Dalhousie University
A New Approach To Data Security Breaches, Gideon Emcee Christian
Canadian Journal of Law and Technology
This article examines the problems associated with data security breaches from two different, but not mutually exclusive, perspectives. The first part of the article examines the need for notification in the event of a data security breach and proposes an amendment of the Personal Information Protection and Electronic Document Act (PIPEDA) to create a legal, or statutory, obligation in Canada to compel disclosure or notification of data security breaches. My recommendations are based on the examination of legislation from other legal jurisdictions, highlighting, where necessary, the shortcomings of the legislation, which ought to be taken into consideration in amending PIPEDA …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations,
2010
University of Michigan Law School
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope,
2010
Stanford Law School
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope, Timothy Chen Saulsbury
Michigan Telecommunications & Technology Law Review
Arising most commonly as a defense to an infringement claim, enablement requires a patent to describe the claimed invention in sufficient detail to permit a person having ordinary skill in the relevant field to replicate and use the invention without needing to engage in "undue experimentation." If a patent claim is not "enabled"--i.e., if a person having ordinary skill in the art (PHOSITA) who studied the patent cannot make or use the invention without undue experimentation--the claim is invalid and can no longer be asserted. This penalty deters patent applicants from claiming more than they invented and allows others to …
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010),
2010
UIC School of Law
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010), Michael F. Morgan
UIC John Marshall Journal of Information Technology & Privacy Law
While there is a growing body of literature dealing with the General Public License (“GPL”), the potential viral effects of the GPL do not appear to have been analyzed in a detailed technical manner. This paper will attempt to demonstrate that a proper legal analysis of the viral effects of the GPL is dependent on a detailed technical understanding of the specific mechanisms used for each type of program-to-program interaction. Once these technical mechanisms are properly understood it will then be possible to identify the applicable copyright law needed to assess the viral effects of the GPL.
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010),
2010
UIC School of Law
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide …
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010),
2010
UIC School of Law
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin
UIC John Marshall Journal of Information Technology & Privacy Law
2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010),
2010
UIC School of Law
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
UIC John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …
Table Of Contents,
2010
Marquette University Law School
Utilitarian Information Works - Is Originality The Proper Lens?,
2010
Carroll, Burdick & McDonough LLP; Bucerius Law School Hamburg, Germany; U.C. Hastings; Riga Graduate School of Law, Riga Latvia
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Marquette Intellectual Property Law Review
As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …
Fixing Our Broken Patent System,
2010
University of Akron Law School
Fixing Our Broken Patent System, Jay Dratler
Marquette Intellectual Property Law Review
This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction to practice …
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs,
2010
Marquette University Law School
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe
Marquette Intellectual Property Law Review
When generic drugs seek FDA approval, the pharmaceutical company files an Abbreviated New Drug Application (ANDA), in which the generic company establishes bioequivalence to its usually patented counterpart. The ANDA filer must also certify that, to the best of the filer's knowledge, the generic will not infringe on a current patent-holder's rights. This can be done by showing (1) no patent on the product exists, (2) the patent is expired, (3) the patent will expire by the time the generic is marketed, or (4) the ANDA filer believes the patent is invalid - called a Paragraph IV certification. A Paragraph …
Complimentary Creation: Protecting Fan Fiction As Fair Use,
2010
Marquette University Law School
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Marquette Intellectual Property Law Review
This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works. …
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law,
2010
University of Leeds
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes
Marquette Intellectual Property Law Review
Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire …
Table Of Contents,
2010
Marquette University Law School
Online Auction House Liability For The Sale Of Trademark Infringing Products,
2010
Marquette University Law School
Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler
Marquette Intellectual Property Law Review
With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement …
Prescription For Failure: Health & Intellectual Property In The Dominican Republic,
2010
Georgetown University Law Center
Prescription For Failure: Health & Intellectual Property In The Dominican Republic, Georgetown University Law Center, Human Rights Institute
HRI Papers & Reports
No abstract provided.
Intellectual Property And The Safeguarding Of Traditional Cultures,
2010
Western University
Intellectual Property And The Safeguarding Of Traditional Cultures, Molly Torsen, Jane Anderson
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
