Intellectual Property Law Commons^™

No More Rockin' In The Free World: Removing The Radio Broadcast Exemption, 9 J. Marshall Rev. Intell. Prop. L. 935 (2010), Brandon H. Nemec

UIC Review of Intellectual Property Law

In an era of boundless technological advancement, the music industry faces its most turbulent economic landscape to date. The sustainability of the industry relies on the emergence of an innovative strategy to adapt music’s business model and continue to incentivize the creation and performance of brilliant music. A modernized industry model necessitates a reorganization of the copyright protections ultimately designed to motivate exceptional musicians. The following comment proposes a shift in one of music’s traditional revenue streams, and examines the controversial public performance exemption provided to broadcast radio. While debate has circulated around the public performance exemption for decades, the …

Statistical Analysis Of Federal District Court Cases Seeking Longer Patent Term Adjustments In The Wake Of Wyeth V. Kappos, 10 J. Marshall Rev. Intell. Prop. L. 1 (2010), Verne A. Luckow, Steven C. Balsarotti

UIC Review of Intellectual Property Law

Over 175 Federal District Court cases filed from September 2008 through July 2010 were analyzed to determine common features noted by applicants seeking longer patent term adjustments (“PTAs”) in view of a Federal District Court ruling, later affirmed by the U.S. Court of Appeals for the Federal Circuit in Wyeth v. Kappos, which held that the United States Patent and Trademark Office (“PTO”) misinterpreted a statute relating to the calculation of PTAs involving overlapping periods of delay attributable to the PTO or to the applicant. Applicant and PTO errors in calculating PTAs were common, often relating to counting errors due …

The Wisdom Of Legislating For Anticipated Technological Advancements, 10 J. Marshall Rev. Intell. Prop. L. 154 (2010), Yvette Joy Liebesman

UIC Review of Intellectual Property Law

The past four decades have been witness to the realization of ideas which, when first contemplated,seemed to resemble the prose of science fiction writers. Some seemingly far-fetched notions, such as robot pets, anti-sleeping pills, and ugly unisex jumpsuits, are now readily available. However, there are currently no colonies on the moon, and we are all still waiting to order our personal jetpacks from Amazon.com. Some are likely to remain in the realm of science fiction and will only be realized with the help of movie and television special effects artists. Yet through these entertaining glimpses into a potential future, we …

The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater

UIC Review of Intellectual Property Law

The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright …

Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell

UIC Review of Intellectual Property Law

The advertising industry as well as the endorsements and testimonials that support advertising have been expanding into new mediums for years. As a result of this continual growth, the Federal Trade Commission (“FTC”) recently amended the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“The Guides”). The FTC, which sought to apply The Guides to consumer-generated media for the very first time, had not amended The Guides prior to these revisions in three decades. As a result, the changes garnered a number of mixed reactions from the media, consumers and the advertising and legal industries. Under the …

Twitter: New Challenges To Copyright Law In The Internet Age, 10 J. Marshall Rev. Intell. Prop. L. 231 (2010), Rebecca Haas

UIC Review of Intellectual Property Law

Twitter is part of the new wave of internet communication. It is unique because messages sent via Twitter are limited to 140 characters. Many of these messages are about mundane details of daily life, but some are creative, even literary, and may qualify for copyright protection. The problem,then, is not necessarily whether a Tweet can qualify for copyright protection, but how that protection is enforced. Current infringement policies and procedures are not designed to effectively handle copyright infringement on the internet. Internet infringement is widespread and not easy to monitor or regulate, therefore there is a need for a regulatory …

Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), Christopher R. Walker

UIC Review of Intellectual Property Law

Since 1984, generic pharmaceuticals have continued to grow, and are an important element in our national struggle to increase affordable health care options in the United States. The Hatch-Waxman Act has played a pivotal role in helping to create a regulatory environment that fosters the development of generic pharmaceuticals, thereby increasing access to lower-cost alternatives to more expensive drugs. An important part of balancing the interests of the generic manufacturers against those of the primary pharmaceutical makers is the thirty-month stay provision of the Hatch-Waxman Act. This comment begins by taking a look at the history of the Hatch-Waxman Act …

What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss

American University Law Review

No abstract provided.

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Scholarly Articles in Law Reviews & Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …

Surefoot Lc V. Sure Foot Corp.: A New Standard For Tenth Circuit Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Or How Cardtoons Got The Boot, John M. Bunting

Oklahoma Law Review

No abstract provided.

A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon

SMU Science and Technology Law Review

No abstract provided.

Libraries, Digital Content, And Copyright, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …

Patent Pools, Rand Commitments, And The Problematics Of Price Discrimination, Daniel A. Crane

Book Chapters

The social welfare problematics of patent pooling by competitors are well known. Competitor patent pooling has the potential to create powerful efficiencies by eliminating holdout problems and blocking positions and reducing transactions costs from licensing negotiations. At the same time, competitors can use patent pools to cartelize in a variety of ways, for example by fixing prices, entrenching patents of dubious validity, and discouraging rivalry for innovation. Determining legal norms capable of capturing the efficiencies without enabling cartels has not proven easy.

Perhaps because of the practical difficulty of separating pro-competitive from anticompetitive pools, antitrust scrutiny has swung from extreme …

Overview Of Trademark Issues Presented To Businesses Owners Within Second Life, Ross J. Switkes

Student Works

No abstract provided.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the first issue of the 2010–2011 academic year. This issue addresses topics ranging across the legal and technological spectrums, and tackles subject matter at the forefront and future of legal debate.

Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi

PIJIP Faculty Scholarship

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective film making posed by escalating copyright clearance requirements.

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.

Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek

Intellectual Property Brief

No abstract provided.

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.