Category Archives: my writings

Reading list: Kate Crawford and Tarleton Gillespie

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

IP Professors, with excellent assistance from Cathy Gellis.

Posted in my writings, trademark | Leave a comment

Amicus seeking rehearing in In re GNC

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.

Posted in consumer protection,, my writings | Leave a comment

New book chapter on young women and transformative works

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,, my writings | Leave a comment

Amicus brief in Dryer v. NFL

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,, my writings, preemption, right of publicity, trademark | Leave a comment

New paper: response to Fishman’s Creating Around Copyright

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, my writings | Leave a comment

New article on innovation in copyright licensing

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,, my writings | Leave a comment

New article: images and the right of publicity

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,, my writings, preemption, right of publicity | Leave a comment

Book chapter on resisting gendered concepts of creativity

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,, my writings | Leave a comment

Mark Lemley is our king

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.

Posted in, my writings, patent, reading list, trade secrets, trademark | Leave a comment