Category Archives: my writings

Reading list: Kate Crawford and Tarleton Gillespie

Posted on August 14, 2015 by rtushnet

Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading →

Posted in my writings, reading list | Leave a comment

Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in my writings, trademark | Leave a comment

Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in consumer protection, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

New book chapter on young women and transformative works

Posted on May 28, 2015 by rtushnet

Busy week, part N: I have a new chapter, Transformative Works: Young Women’s Voices on Fandom and Fair Use, with Betsy Rosenblatt in a book edited by Jane Bailey and Valerie Steeves from U Ottawa Press, eGirls, eCitizens, available as … Continue reading →

Posted in dmca, fan fiction, fanworks, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

Amicus brief in Dryer v. NFL

Posted on March 19, 2015 by rtushnet

Mark McKenna and I drafted a law professors’ amicus in Dryer v. NFL, a right of publicity case now on appeal in the 8th Circuit. We argued for a strong First Amendment standard for non-advertising speech as well as for … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity, trademark | Leave a comment

New paper: response to Fishman’s Creating Around Copyright

Posted on March 11, 2015 by rtushnet

Joseph Fishman’s article Creating Around Copyright was just published in the Harvard Law Review. Abstract: It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view … Continue reading →

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

New article on innovation in copyright licensing

Posted on February 13, 2015 by rtushnet

Rebecca Tushnet, All of this Has Happened Before and All of this Will Happen Again: Innovation in Copyright Licensing, Berkeley Technology Law Journal, Vol. 28, pp. 1447-1488, 2014   Abstract:      Claims that copyright licensing can substitute for fair use have … Continue reading →

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

New article: images and the right of publicity

Posted on February 3, 2015 by rtushnet

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity | Leave a comment

Book chapter on resisting gendered concepts of creativity

Posted on January 7, 2015 by rtushnet

Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in DIVERSITY IN INTELLECTUAL PROPERTY, (Irene Calboli & Srividhya Ragavan eds., Cambridge Univ. Press, forthcoming 2015). Abstract: Dominant narratives of creativity regularly expect female-associated forms of … Continue reading →

Posted in fan fiction, fanworks, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

Mark Lemley is our king

Posted on September 24, 2014 by rtushnet

But then, you knew that anyway.  Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in http://schemas.google.com/blogger/2008/kind#post, my writings, patent, reading list, trade secrets, trademark | Leave a comment