Category Archives: reading list

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

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Jotwell post: Seeing Like a Copyright Lawyer

Posted on September 9, 2014 by rtushnet

My review of Shyamkrishna Balganesh, Irina D. Manta, & Tess Wilkinson‐Ryan, Judging Similarity, 100 Iowa L. Rev. (forthcoming 2014). Kate Klonick, Comparing Apples to Applejacks: Cognitive Science Concepts of Similarity Judgment and Derivative Works, 64 J. Copyright Soc’y USA 365 … Continue reading →

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Reading list: music copyright and similarity judgments

Posted on August 25, 2014 by rtushnet

Carys J. Craig & Guillaume Laroche, Out of Tune: Why Copyright Law Needs Music Lessons.  Well worth reading in full.  Here’s some choice bits: [Lucy Pollard-Gott] found that, as listeners became more familiar with a given theme and listened to … Continue reading →

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Reading list: copyright history

Posted on August 13, 2014 by rtushnet

Reading list: Derek Miller, Performative Performances: A History and Theory of the “Copyright Performance,” 64 Theatre Journal 161 (2012).  Miller offers an account of an episode in 19th century British copyright law when, it was generally accepted, some sort of … Continue reading →

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Reading list: social media flagging

Posted on July 25, 2014 by rtushnet

Kate Crawford and Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, 4 New Media Society (2014).  One of the points I most liked: [F]lags speak only in a narrow vocabulary of complaint. … Continue reading →

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Reading list: food law

Posted on July 14, 2014 by rtushnet

Regent University’s law review had a symposium on food law.  Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural … Continue reading →

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Purpose-transformativeness versus content-transformativeness

Posted on July 8, 2014 by rtushnet

In 2008, Tony Reese presciently told us that the case law on fair use “transformativeness” showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use.  Today’s example, … Continue reading →

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reading list: marijuana advertising and lessons from tobacco

Posted on June 17, 2014 by rtushnet

Kimber P. Richter, Ph.D., M.P.H. & Sharon Levy, M.D., M.P.H., Big Marijuana — Lessons from Big Tobacco, New England Journal of Medicine: [T]obacco was not always as lethal or addictive as it is today. In the 1880s, few people used … Continue reading →

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Reading list: TM/false advertising surveys

Posted on May 23, 2014 by rtushnet

Trademark and Deceptive Advertising Surveys: Law, Science, and Design (ed. Shari Seidman Diamond & Jerre B. Swann, 2012): A collection of essays surveying various aspects of the law and offering the authors’ opinions on those aspects.  Of particular note: Itmar … Continue reading →

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Reading list: consumer protection

Posted on April 22, 2014 by rtushnet

Reading list: Dee Pridgen, Wrecking Ball Disguised as Law Reform: ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes, 39 New York University Review of Law & Social Change (2015). Abstract: The consumer protection statutes of every state are … Continue reading →

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