Category Archives: Intellectual Property

Laskowska-Litak and Mania, ‘Copyright as a Service: How Does the Development of the Music Business Determine the Shape of Copyright?’

ABSTRACT The process and the development of new technologies have brought about several changes in the domestic (international and European) copyright legal system. Copyright itself from the beginning was a reflection of the possible ways of works exploitation. However, with the impetus of new business models it is starting to not answer to the more […]

Susan Haack, ‘The Academic-Publication Racket: Whatever Happened to Authors’ Rights?’

ABSTRACT Academic publishing has become big business; and as a result both readers’ access and authors’ rights are under serious threat. This impedes communication, and undermines academics’ incentive to do the best work they can. I begin by disentangling some of the many factors that have created this disastrous situation – focusing primarily on publishing […]

Erika Douglas, ‘Paypal is New Money: Extending Secondary Copyright Liability Safe Harbors to Online Payment Processors’

ABSTRACT The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it, by shielding online service providers from secondary copyright infringement liability for the acts of their users in exchange for takedown of infringing content. Yet online payment processors, the backbone of $300 billion in US e-commerce, are completely outside of the […]

Spence Howden, ‘Text Messages Are Property: Why You Don’t Own Your Text Messages, but It’d Be a Lot Cooler if You Did’

ABSTRACT This Note proceeds as follows: Part II offers a brief overview of what text messages are and what they are not. Part III covers the history of intangible personal property law and reviews the evolution of ‘cybertrespass’ claims. Part IV explores the judiciary and the Fourth Amendment’s failure to protect text messages. Finally, Part […]

‘Data Extra Commercium’

ABSTRACT Commerce in some data is, and should be, limited by the law (data extra commercium) because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as […]

Erickson and Kretschmer, ‘Empirical Approaches to Intermediary Liability’

ABSTRACT Legal theory has failed to offer a convincing framework for the analysis of the responsibilities of online intermediaries. The debate is characterised by a wide range of contested issues. This paper considers what empirical evidence may contribute to these debates. What do we need to know in order to frame the liability of intermediaries […]

Jacob Victor, ‘Reconceptualizing Compulsory Copyright Licenses’

ABSTRACT … The Article argues that this shift away from policy-focused compulsory licensing prevents the regime from maintaining balance in the copyright system, a problem that is especially apparent in the experience of the burgeoning music streaming industry. In particular, a copyright policy-based approach is necessary to prevent the subjectivity and manipulability of market-mimicking rate-setting […]

Janset Ece Mermer, ‘The Impact of Intellectual Property in Fostering Innovation’

ABSTRACT This article aims to examine the role of intellectual property within the scope of innovation by highlighting the principal connections between intellectual property and innovation. In this sense, this article emphasizes on the massive contribution of intellectual property rights (just for patent, trade secret and copyright) in innovation and also criticizes the role of […]

Bourdeau and Martin, ‘Court of Justice declares that Don Quixote may not be used on a label for cheese if it does not originate from the La Mancha Region’

Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego, CJEU, C-614/17, ECLI:EU:C: 2019: 344, 2 May 2019. According to the Court of Justice of the European Union, Don Quixote may not be used on a cheese label if the cheese does not originate from the La Mancha region in Spain. € Leonie Bourdeau […]

Camilla Hrdy, ‘Intellectual Property and the End of Work’

ABSTRACT The conventional wisdom is that intellectual property (IP) is good for jobs. Indeed, according to legislators and the US patent office, IP ‘creates jobs’. But this is not quite right. A primary function of IP is to increase the amount of innovation in the economy. Yet a significant subset of the innovations protected by […]