Category Archives: Intellectual Property

Margaret Chon, ‘IP and Critical Methods’

Abstract This chapter briefly summarizes the impact of critical theoretical methods on intellectual property (IP) scholarship. It speculates that the influence of critical legal theory on IP is greater than typically acknowledged or understood, and draws on scholarly examples at the juncture of critical and liberal theories to make this point. Chon, Margaret, IP and […]

Eugene Lim, ‘On the Uneasy Interface between Economic Rights, Moral Rights and Users’ Rights in Copyright Law: Can Canada Learn from the UK Experience?’

Abstract Copyright in Canada is subject to a number of statutory defences, of which parodies and non-commercial user-generated content (UGC) are but two examples. However, the interface between these defences and the protection of moral rights is not very clearly delineated in Canada’s Copyright Act. The statutory defences appear to immunise a user from liability […]

Niva Elkin-Koren, ‘Fair Use by Design’

Abstract Copyright law seeks to promote the creation of works for the benefit of the public. Fair use doctrine was intended to serve as a check on copyright, to ensure that the law achieves its objectives. Fair use thus limits the rights of authors, and legitimizes unlicensed use of copyrighted works, whenever a rigid application […]

Sabesh Asokan, ‘Demystifying the “honest” infringer: reorienting our approach to online copyright infringement using behavioural economics’

Introduction … This article seeks to reorient our approach to tackling online copyright infringement. It argues that a focus on legal reform alone is inadequate. Law is but one of four key instruments that shape the regulatory environment. By exploring how social norms, market strategies, and digital architecture can target key drivers of online infringement […]

Cathay Smith, ‘Fake Facts, Copyright Law, and the Factual Estoppel Doctrine’

Abstract Fake news may be trending, but fake news is not a new phenomenon, nor is it the only source of fake facts that pervade our society. We encounter fake facts every day in the historical or biographical books we read, the movies we watch, the maps we study, the telephone directories and dictionaries we […]

Sharon Sandeen, ‘Out of Thin Air: Trade Secrets, Cybersecurity, and the Wrongful Acquisition Tort’

Introduction … This chapter proceeds in three parts. First, based upon historical research, it examines how the ‘acquisition by improper means’ prong of US trade secret law developed and how it became disconnected from the requirement of a subsequent disclosure or use of the trade secrets. This analysis begins in Section II with an overview […]

Tim Dornis, ‘Wigmorian copyright: law, economics, and socio-cultural evolution’

Abstract The scope of copyright protection has been extended throughout the centuries. While it initially did not cover much more than printed books, it now comprises a large variety of different works and regulates innumerable marketplaces for creative products. At the same time, theory has made enormous leaps, from an initial understanding of copyright as […]

Kim Treiger-Bar-Am, ‘Speech, Balance, and a Telos of Respect: Review of Abraham Drassinower’s What’s Wrong with Copying?’

Abstract In an analysis of both clarity and depth, Abraham Drassimower calls copyright a right in speech, and justifies it on a rights-based norm. I applaud Drassinower’s use of theory of Immanuel Kant to support his analysis. I believe Drassinower can go further with Kant. Kantian theory may be understood to support a view of […]

Mark Lemley, ‘Privacy, Property, and Publicity’

Abstract In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues that we have wrongly reconceived the right of publicity as an intellectual property (IP) right rather than as a privacy-like right of ‘self-ownership’, and that in doing so we have let it grow unchecked in ways that […]

Marketa Trimble, ‘Intellectual Property Law and Geography’

Abstract This chapter explores the various facets of the ‘law and geography’ research prism, notes the existing research avenues, and suggests potential future research avenues in ‘IP law and geography’ that will or could enrich an understanding of IP law and policy, geography, and the intersection of both. Trimble, Marketa, Intellectual Property Law and Geography […]