Category Archives: Intellectual Property

Elizabeth Rosenblatt, ‘What’s Law Got to Do with it?’

Abstract The last decade and a half has seen rapid growth in intellectual property law scholarship that demonstrates the value of putting law on the edges, rather than the center, of scholarly analysis. Projects have addressed how factors like norms, community dynamics, emotions, and market forces affect creative and innovative behavior in creative communities and […]

Patrick Goold, ‘The Lost Tort of Moral Rights Invasion’

Abstract Moral rights are often portrayed as an unwelcome import into US. law. During the nineteenth century, European lawmakers, influenced by personality theories of authorship, began granting authors rights of attribution and integrity. However, while these rights proliferated in Europe and international copyright treaties, they were not adopted in the United States. According to a […]

‘The Trade Secret-Contract Interface’

“Deepa Varadarajan’s new article, The Trade Secret-Contract Interface, published in the Iowa Law Review, explores the role of contracts in trade secret law. This article returns to an issue that remained unresolved following rich exchanges between Robert Bone and other scholars such as Michael Risch and Mark Lemley. Varadarajan’s article is a welcome follow up […]

Pierre-Emmanuel Moyse, ‘Colonial Copyright Redux: 1709 vs 1832’

Abstract The study of colonialism shows us that the law often serves the needs and interests of both the Imperial power and the subjugated country. Concessions are necessary to rule a conquered population. In order to understand Canadian law and the measure of Imperial influence, one must understand the dialogue between the various legal traditions. […]

John Tehranian, ‘Copyright’s Male Gaze: Authorship and Inequality in a Panoptic World’

Abstract When Erin Andrews found out that an intimate recording of her had leaked online, the authorship-as-fixation doctrine told her that the felon who illicitly captured the footage owned the copyright, not her. When Lynn Thomson’s creative partner, Jonathan Larson, died tragically just hours after the final rehearsal for the musical Rent, joint authorship’s mutual-intent […]

Lucie Guibault, ‘Intellectual Property and Culture’

Abstract This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions’ vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; […]

Julian Rotenberg, ‘Intellectual Property and the Risks of Fragmentation’

Abstract The article analyzes the regulation of intellectual property rights in current trade negotiations, particularly the protection of Geographical Indications (GIs) in Free Trade Agreements, within the context of the fragmentation of international economic law. The recognition of foreign GIs through Free Trade Agreements presents a set of conflicts between the protected GIs and other […]

Peter Yu, ‘Fair Use and Its Global Paradigm Evolution’

Abstract Legal paradigms change in response to political, economic, social, cultural and technological conditions. While these paradigms have moved from developed to developing countries, they rarely move in the opposite direction. Nevertheless, some transplants from developed countries do involve legal paradigms that align well with the needs, interests, conditions and priorities of developing countries. A […]

Glynn S Lunney, Jr, ‘Copyright Lost’

Abstract In this essay, I revisit my 2001 article, The Death of Copyright, for the Franklin Pierce Center for Intellectual Property’s Redux Conference. In The Death of Copyright, I worried that copyright, as a law that serves ‘to promote the Progress of Science’, had died. Instead, with the enactment of the Digital Millennium Copyright Act, […]

Amy Adler, ‘Why Art Does Not Need Copyright’

Abstract This Article explores the escalating battles between visual art and copyright law in order to upend the most basic assumptions on which copyright protection for visual art is grounded. It is a foundational premise of intellectual property law that copyright is necessary for the ‘progress’ of the arts. This Article demonstrates that this premise […]