Monthly Archives: September 2015

Notice and Notice Failure at BU, panel 5

Lydia Loren – Fixation as Notice in Copyright Law   3 different roles: (1) protectability; (2) infringement—reproduction etc. require fixation; (3) preemption—no preemption for unfixed works.  What kind of a notice function might fixation play in each area?   Statutory … Continue reading

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Notice and Notice Failure at BU, Panel 4

Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law   Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable.  Trade secret lawsuits are used in anticompetitive … Continue reading

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Notice and Notice Failure at BU, panel 3

Pamela Samuelson – Notice Failures Arising from Copyright Duration Rules   Agrees w/ other expressions of concern about notice failures in copyright—here she focuses on notice failures related to the long duration of copyrights.  More information about work’s © status … Continue reading

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Notice and Notice Failure at BU part 2

Annemarie Bridy – Three Notice Failures in Copyright Law   Challenge of making online copyright enforcement meaningful. Notice is intimately connected to justice: usually required (except with strict liability).  Failures to appreciate its necessity/failures to appreciate its sufficiency.   Uncertain: … Continue reading

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Notice and notice failure at BU: panel 1

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent.  Costs of inadequate notice may not be as great.  Efforts to ensure adequate notice need … Continue reading

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Notice and Notice Failure in Intellectual Property Law at BU, keynote

Boston University School of Law   Welcome and introduction: Dean Maureen O’Roarke New clinic w/MIT—representing MIT students who need legal/IP help.  Searching for an exec. director now—encourages applications.   Stacey Dogan: Meurer & James Besson’s book on patents: pointed out … Continue reading

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Just another lawsuit out of Boston

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading

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