Category Archives: Intellectual Property

Daniel Gervais, ‘The Machine As Author’

ABSTRACT  The use of Artificial Intelligence (AI) machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From articles in national news media to music, film, poetry and painting, AI machines create material that has economic value and that competes with productions of […]

Shyamkrishna Balganesh, ‘The Genius of Common Law Intellectual Property’

ABSTRACT Among Richard Epstein’s influential contributions to legal scholarship over the years is his writing on common law intellectual property. In it, we see Epstein’s attempt to meld the innate logic of the common law’s conceptual structure with the realities of the modern information economy. Common law intellectual property refers to different judge made causes […]

John Rothchild, ‘How the United States Stopped Being a Pirate Nation and Learned to Love International Copyright’

ABSTRACT From the time of the first federal copyright law in 1790 until enactment of the International Copyright Act in 1891, US copyright law did not apply to works by authors who were not citizens or residents of the United States. US publishers took advantage of this lacuna in the law, and the demand among […]

Garcia and McCrary, ‘A Reconsideration of Copyright’s Term’

ABSTRACT For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright’s term is of legal and economic significance, arguments both for and against a lengthy term are often impressionistic. Utilizing music industry sales data not […]

Annemarie Bridy, ‘Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality’

ABSTRACT This Article approaches the Fearless Girl/Charging Bull controversy as a case study in how copyright law regulates conditions of interaction between existing artistic works and new ones, in order to protect the value and integrity of the former without diminishing production of the latter. To assess the merits of sculptor Arturo DiModica’s legal claims […]

Samuelson and Gergen, ‘The Disgorgement Remedy of Design Patent Law’

ABSTRACT … This Article scrutinizes the legislative history of the total profit disgorgement remedy and offers guidance about how the disgorgement remedy in design patent cases should be analyzed and applied going forward. ‘Total profit’ disgorgement on end products may have been an appropriate remedy when patented designs covered the overall appearance of end products […]

‘IP and Sociology: the symbolism of IP’

“I have a running list of disciplines and the things they have ruined for me. Biology ruined zoos, law ruined logic, economics ruined hope etc. Recently, I’ve been making a foray into sociology, which so far seems to be ruining things in social contexts. Which is basically everything. The problem, or perhaps solution, with sociology […]

Shyamkrishna Balganesh, ‘Copyright As Legal Process: The Transformation of American Copyright Law’

ABSTRACT American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as a form of private law – focusing on horizontal rights, privileges and private liability – copyright law is today understood principally through its public-regarding goals and institutional apparatus, in effect as a form of […]

Depoorter and Raus, ‘Who’s Afraid of 3D Printing?’

ABSTRACT Heralded for ushering in a new era of personalized manufacturing, there is a growing fear that consumer 3D printing is the next frontier of massive intellectual property infringements. Described as the Napster of patents, illegal 3D printing is foretold to disrupt manufacturing in the same manner as digital piracy unsettled the music industry. This […]

Andrew Griffiths, ‘Brands, “weightless” firms and global value chains: the organisational impact of trade mark law’

ABSTRACT The Rana Plaza disaster of April 2013 was the most prominent of several incidents that have highlighted poor standards of business behaviour in the supply chains of well-known brands. Analysis of these incidents has attributed these poor standards to an institutional structure in which lead firms with strategic power outsource production into global value […]