Category Archives: Intellectual Property

Carys Craig, ‘Critical Copyright Law and the Politics of “IP”’

Abstract Since its explosion late in the twentieth century, the field of intellectual property scholarship has been a vibrant site for critical legal theorizing. Indeed, it is arguable that US-based intellectual property scholarship effectively generated a resurgence or ‘second wave’ of Critical Legal Studies. Exploring critical engagement with the very idea of ‘intellectual property’ and […]

Doris Estelle Long, ‘Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix’

Abstract The new technology of the ‘Digital Age’ has led to the creation of potentially new copyrightable forms of works and new methods of distribution that do not automatically fit within existing paradigms based on a hard-goods world. As a result, copyright reform efforts are underway in jurisdictions as diverse as Australia, China, New Zealand, […]

‘Legally Speaking: Questioning A New Intellectual Property Right For Press Publishers’

“Should European press publishers be granted a new intellectual property (IP) right as to online uses of their journalistic contents? These publishers have long had both copyright and sui generis database IP protection for these contents. Yet the European Commission, Council, and Parliament have been convinced that only by granting the new IP right will […]

‘Buyers beware! … You may owe re-sale right royalties’

“November 2018 is most certainly a good month for the auction house Christie’s. Last week, Christie’s recorded the highest sale for an artwork created by a living artist. ‘Portrait of An Artist (Pool with Two Figures)’ by David Hockney, sold for $90.3m, beating Jeff Koons’ ‘Balloon Dog’ ($58.4m). Two weeks before the record sale, the […]

Samir Chopra, ‘End intellectual property’

“The grand term ‘intellectual property’ covers a lot of ground: the software that runs our lives, the movies we watch, the songs we listen to. But also the credit-scoring algorithms that determine the contours of our futures, the chemical structure and manufacturing processes for life-saving pharmaceutical drugs, even the golden arches of McDonald’s and terms […]

‘A tasty decision for cheese lovers’

“The CJEU has rejected a controversial attempt to use copyright law to protect the distinct taste of a food product, in this case a Dutch cheese. The court explained that taste is too subjective to allow a work to be uniquely identified, even using science, and so cannot be protected. The Court of Justice concurred […]

‘Entering the Era of Internet Accountability: The Implications for Copyright’

“I recently had the honour to be invited to give a guest lecture to the Copyright Society of Australia in Sydney. My talk focused on how the Internet has evolved over the past twenty years, leading to a severe imbalance between Internet platforms and the creative community because of the abuse and misuse of safe […]

‘The Costs of Trademarking Dolls’

Rebecca Curtin, Zombie Cinderella and the Undead Public Domain, 86 Tennessee Law Review (forthcoming 2018), available at SSRN. Professor Curtin’s article, ‘Zombie Cinderella and the Undead Public Domain’, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive […]

Jeremy Sheff, ‘Philosophical Approaches to Intellectual Property Law Scholarship’

Abstract Intellectual property (IP) law and philosophy is an interdisciplinary approach to scholarship that applies insights and methods from philosophy to the legal, normative, theoretical, political, and empirical questions presented by the project of organizing and regulating the creation and dissemination of knowledge, technology, and culture. In this chapter, I outline four types of IP-law-and-philosophy […]

Madhavi Sunder, ‘Intellectual Property in Experience’

Abstract In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters – they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings […]