Category Archives: copyright

IPSC part 7: copyright limitations

Posted on August 8, 2014 by rtushnet

Fifth Breakout Session Copyright Limitations Inventing Around Copyright Dan Burk Recurring pattern in ©: Napster/Grokster, where Napster was held liable for having centralized architecture/ability to know what’s on the system and thus being contributorily/vicariously liable. Not surprisingly, next generation P2P … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, secondary liability | Leave a comment

IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by rtushnet

Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are.  Studying it qualitatively, based on interviews w/lawyers and … Continue reading →

Posted in copyright, dmca, http://schemas.google.com/blogger/2008/kind#post, secondary liability, trademark | Leave a comment

IPSC part 5: more copyright

Posted on August 8, 2014 by rtushnet

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong.  They work … Continue reading →

Posted in antitrust, copyright, google, http://schemas.google.com/blogger/2008/kind#post, music | Leave a comment

IPSC part 4: copyright (and a bit on the right of publicity)

Posted on August 7, 2014 by rtushnet

Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this concept.  Noticeable differences—cases seem to … Continue reading →

Posted in copyright, fan fiction, http://schemas.google.com/blogger/2008/kind#post, presentations, right of publicity | Leave a comment

IPSC part 3: judicial panel

Posted on August 7, 2014 by rtushnet

Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law? Wood: throughout the federal level, we are not a pure common law system, nor a civil law … Continue reading →

Posted in copyright, dmca, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

IPSC part 1

Posted on August 7, 2014 by rtushnet

Opening notes: usual disclaimers apply. Given the size and scope of the conference, I couldn’t attend half of what interested me. (I wish more people would send in their papers so I could read them!)  My notes aren’t guaranteed to … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

Music you can’t get in a library

Posted on July 29, 2014 by rtushnet

Planning for musical obsolescence: How digital licensing is destroying our ability to preserve history. Excerpt: When one goes to the LA Philharmonic site about this recording of Symphonie Fantastique and tries to purchase it, one is directed to the iTunes … Continue reading →

Posted in contracts, copyright, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Copyright Society: first sale

Posted on June 10, 2014 by rtushnet

Digital First Sale Panelists: Karyn T. Claggett, U.S. Copyright Office History repeating: we studied digital first sale before studying digital first sale was cool.  PTO is now having a series of roundtables on these issues—next will be in Boston, June … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Copyright Society: recent developments (but not the most recent)

Posted on June 10, 2014 by rtushnet

This panel had the misfortune to occur just as the Second Circuit released HathiTrust.  More on that to come, obviously. Recent Developments in Copyright Law Panelists: Robert W. Clarida, Reitler Kailas & Rosenblatt LLC Thomas Kjellberg, Cowan Liebowitz & Latman, … Continue reading →

Posted in copyright, google, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Copyright Society: Representative Judy Chu

Posted on June 10, 2014 by rtushnet

Keynote Speaker: Congresswomen Judy Chu (D-CA) (House Judiciary, IP Subcommittee) There can be bipartisan agreement; there’s no obvious Democratic/Republican point of view, and we could get something done.  Copyright is important in her district—Pasadena/LA.  Influenced by entertainment industry, not with … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post | Leave a comment