Intellectual Property Law Essays

535 (2004) Recent cases and scholarship have debated whether copyright law is consistent with the First Amendment.Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a m…

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Introduction “Claim construction” is the process by which a court determines the meaning of a patent’s claims—a process that in turn determines the scope of the covered invention.

This process is extremely important because a court must determine what the patent covers before it ca… Google, held that an actor can maintain a copyright interest in her acting performance in a film—independent of the copyright held by the filmmaker—and that this copyright can sometimes be sufficiently powerful to allow the actor to prevent public di… In late February 2014 a group of congresspersons introduced a bill—The American Royalties Too Act of 2014 (known for its catchy abbreviation: the ART Act),1 which, if passed, will grant visual artists2 a right to collect royalties when their artworks are r…

I find much to agree with in each, but I will focus on a few areas of divergence in the hope of clarifying our differences. Today it is at the center of some of the most highly charged political contests of our time.

In recent years, college students, subsistence farmers, AIDS activists, genomic scientists, and free-software programmers have… Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof of the patent’s validity.

An important strand of copyright scholarship explores how the development of modern copyright law was intertwined with the rise of a new ideology of authorship as an individualist act of creation ex nihilo…

It is a distinct pleasure to have the chance to respond to the insightful commentaries of Peter Drahos, Ruth Okediji, and Tomiko Brown-Nagin. Intellectual property law was once an arcane subject.

It then suggests a definition for shareable goods as goods that are "lump…

261 (2003)The experimental use doctrine in patent law protects alleged infringers who use patented inventions solely for experimental purposes, such as testing whether a device functions as claimed or re-creating a process to observe its effects from a scientific perspective. 2331 (2003)As intellectual property has become increasingly important to the national economy, a consensus has emerged among academics that courts should scrutinize congressional legislation closely under the Constitution's Copyright Clause. 1179 (2003)Focusing a discussion of intellectual property on a 300-year-old text may seem unusual, but John Locke's Two Treatises of Government has an uncommon place in American intellectual property theory.

In fact, the nineteenth century saw an even bigger surge of patent cases.

During that era, the most prolific patent enforcers brought hundreds or even thousands of suits, dwarfing the efforts of toda…

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