Category Archives: Intellectual Property

Eleonora Rosati, ‘The Monkey Selfie case and the concept of authorship: an EU perspective’

Abstract The question whether a macaque named Naruto can be regarded as the author of protectable works (self-portrait photographs, ie selfies) has captured popular attention, and has been the subject of litigation in the USA. Further to the 2016 decision of the US District Court for the Northern District of California that rejected that a […]

Thomas Hoppner, ‘EU Copyright Reform: The Case for a New Publisher’s Right’

Abstract This paper investigates the merits of a new related right press publisher. To this end, the paper investigates the economic and technical background and outlines the potential effects of the European Commission’s current proposal for a publisher’s right. The paper comes to the conclusion that the proposed publisher’s right is both justified and proportionate […]

Call for contribution: ‘(Re)imagining intellectual property’, University of Exeter, 16-17 April 2018

Exeter Law School and the New IP Lawyers network are delighted to host their second conference in intellectual property law entitled ‘Intellectual property in transitions: (Re)-imagining intellectual property’ on the 16th and 17th of April 2018. The event aims to gather intellectual property specialists across the world to discuss the impact economic, technological, cultural and […]

Golden and Sandrik, ‘A Restitution Perspective on Reasonable Royalties’

Abstract The law of restitution suggests multiple ways to improve reasonable royalty analysis in patent law. Restitution law has substantial experience in addressing issues that also appear in the assessment of reasonable royalties. These issues include problems of reasonably apportioning value among multiple contributions to an overall activity or outcome, assigning burdens of production and […]

Dan Burk, ‘Algorithmic Fair Use’

Abstract Legal governance and regulation is becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, on-line protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of YouTube, Facebook, and other content platforms. But unauthorized content is not necessarily […]

Buccafusco and Fromer, ‘Fashion’s Function in Intellectual Property Law’

Abstract Clothing designs can be beautiful. But they are also functional. Fashion’s dual nature sits uneasily in intellectual property law, and its treatment by copyright, trademark, and design patent laws has often been perplexing. Much of this difficulty arises from an unclear understanding of the nature of functionality in fashion design. This Article proposes a […]

Michael Madison, ‘The Football as Intellectual Property Object’

Abstract  The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and […]

Ilanah Fhima, ‘Fairness in Copyright Law: An Anglo-American Comparison’

Abstract Fairness stands at the crossroads of copyright law. The concept of fairness – which seeks to balance the interests of copyright owners and users as well as the needs of the public in receiving information – is present in the copyright exceptions in both the US and the UK. The US and UK adopt […]

Peter Menell, ‘Economic Analysis of Network Effects and Intellectual Property’

Abstract The information revolution has brought demand-side effects to the fore of economic activity, business strategy, and intellectual property jurisprudence and policy. Intellectual property doctrines play a central role in harnessing network effects, promoting innovation to overcome excess inertia, and balancing consumer welfare, competition, and innovation. This chapter surveys and integrates the economic, business strategy, […]

Beebe and Hemphill, ‘The Scope of Strong Marks: Should Trademark Law Protect the Strong More than the Weak?’

Abstract At the core of trademark law has long been the blackletter principle that the stronger a trademark is, the greater the likelihood that consumers will confuse similar marks with it and thus the wider the scope of protection the mark should receive. The relation between trademark strength and trademark scope is always positive. The […]