Category Archives: Intellectual Property

‘Creative Vigilantism’

Amy Adler and Jeanne C Fromer, Taking Intellectual Property into Their Own Hands, 107 California Law Review (forthcoming 2019), available at SSRN. It’s no longer news that a major proportion of property regulation happens outside the bounds of the law thanks to social norms and their extralegal enforcement. Yet legal scholars continue to find new […]

Buccafusco, Lemley and Masur, ‘Intelligent Design’

Abstract When designers obtain exclusive intellectual property (IP) rights in the functional aspects of their creations, they can wield these rights to increase both the costs to their competitors and the prices that consumers must pay for their goods. IP rights and the costs they entail are justified when they create incentives for designers to […]

Robert Burrell and Kimberlee Weatherall, ‘Towards a New Relationship Between Trade Mark Law and Psychology’

Abstract Trade mark law and cognitive psychology are both concerned with establishing the mental states of consumers: in theory then we might expect these disciplines to have a close relationship, and to be engaged in ongoing dialogue. This is not the case and on further examination, real difficulties emerge, especially arising from trade mark law’s […]

Thomas Kadri, ‘Drawing Trump Naked: Curbing the Right of Publicity to Protect Portrayals of Real People’

Abstract From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their ‘right of publicity’ – a state-law tort, grounded in privacy concerns, that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. This […]

Bodó, Gervais and Quintais, ‘Blockchain and smart contracts: the missing link in copyright licensing?’

Abstract This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies – scarcity, trust, transparency, decentralized public records and smart contracts – seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record […]

Eleonora Rosati, ‘UK Supreme Court holds that intermediaries have to bear no costs of injunctions against them’

Abstract Cartier International AG and Others v British Telecommunications Plc and Another [2018] UKSC 28 (13 June 2018) (Cartier). Since the first copyright blocking injunction issued in 2011 in Twentieth Century Fox Film Corp and Others v British Telecommunications Plc [2011] EWHC 1981 (Ch) (28 July 2011) (Newzbin 2), the rule on cost allocation in […]

Matthias Leistner, ‘Copyright Law on the Internet in Need of Reform: Hyperlinks, Online Platforms and Aggregators’

Abstract This paper concerns the question whether a revision of the substantive copyright law is needed due to the various challenges posed by Web 2.0. These range from the fair and equal treatment of user-generated content via links, frames and the various activities of online platforms and aggregators on the internet, to more technically complex […]

‘UK copyright in a no-deal Brexit scenario: what will happen?’

“A few months ago, this blog reported that the EU Commission had issued a Notice to stakeholders on the impact that a no-deal Brexit would have on UK copyright. At that time, UK’s withdrawal from the EU without any agreement in place must have seen impossible: if one looks at the comments to the relevant […]

Paul Babie, ‘The “Monkey Selfies”: Reflections on Copyright in Photographs of Animals’

Abstract While brief, the two opinions delivered by the United States Court of Appeals for the Ninth Circuit in Naruto v Slater tell us a great deal about what property is, if only we are willing to look. On their face, the opinions consider the role of standing for animals in relation to copyright claims […]

‘Will there be a “Fiverrization” of the creative industries?’

“Uber changed the way the taxi industry worked; Airbnb had a similar impact on holiday lets and rentals. It is now the turn of the creative industries, often called the copyright industries, with online platforms going by names such as Quidjob, Upwork, PeopleForHour or Fiverr. And yes, ‘Fiverr’ hints at the fact that you may […]