Category Archives: http://schemas.google.com/blogger/2008/kind#post

Lanham Act injunctive relief available without proof of injury

Posted on April 20, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 1735517, No. C10–861 (W.D. Wash. Apr. 15, 2015)   This is another round of an “extensive” lawsuit between the parties, who compete to sell yarn. Relevant here are Cascade’s claims against … Continue reading →

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Campbell conference: beyond transformative use

Posted on April 18, 2015 by rtushnet

Panel VII. Beyond Transformative Use—Other Fair and Permitted Uses (Moderator, Professor Gomulkiewicz) (partial: I had to leave early, sorry)   Gomulkiewicz: sometimes licenses get a bad rap but they can be a powerful engine for creativity. Jessica Litman, University of … Continue reading →

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Campbell conference: IP and cultural expression

Posted on April 18, 2015 by rtushnet

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon)   Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, … Continue reading →

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Campbell conference: copyright and music licensing

Posted on April 18, 2015 by rtushnet

Panel V. Copyright and Music Licensing (Moderator, Dean O’Connor)   Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential.  Social science: … Continue reading →

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Campbell conference: Justin Hughes keynote

Posted on April 17, 2015 by rtushnet

Closing Keynote Address: Justin Hughes   In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to … Continue reading →

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Campbell conference: future of digital tech

Posted on April 17, 2015 by rtushnet

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O’Connor)   O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system.   Robert Brauneis, George Washington University: … Continue reading →

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Campbell conference: Judge Leval keynote

Posted on April 17, 2015 by rtushnet

Keynote Address: The Honorable Pierre Leval   Earned a reversal rate of 67% in his significant fair use cases; at the cutting edge of law in the role of the salami.  Campbell: good framework for authors, without manacles on science. … Continue reading →

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Campbell conference: ethical and strategic issues in fair use litigation

Posted on April 17, 2015 by rtushnet

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve)   Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission?   Lydia Loren, Lewis & Clark: for all its positive effects, she … Continue reading →

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Campbell conference: transformative use across the arts

Posted on April 17, 2015 by rtushnet

Panel II. Transformative Use Across The Arts (Moderator, Professor Said)   Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination.  Campbell said it wouldn’t judge whether the parody was good, just whether it … Continue reading →

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Campbell conference: overview on fair use

Posted on April 17, 2015 by rtushnet

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz)   Barton Beebe, NYU   Updated dataset 1978-2014: 460 opinions. Available on his website.  Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at … Continue reading →

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