Category Archives: reading list

Reading list: judging similarity in copyright

Posted on April 7, 2014 by rtushnet

Shyamkrishna Balganesh, Irina D. Manta, & Tess Wilkinson-Ryan, Judging Similarity, 100 Iowa L. Rev. (forthcoming 2014) Our first study reveals that basic knowledge about the act of copying, meaning that one work was copied from the other, greatly influences individuals’ … Continue reading →

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Reading list: false advertising and prior restraint

Posted on April 7, 2014 by rtushnet

Corinne Stuart, The Applicability of the Prior Restraint Doctrine to False Advertising Law(Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 2008), 21 Geo. Mason L. Rev. 531-555 (2014).  Argues that prior restraint doctrine should be applied to … Continue reading →

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IP in the UK

Posted on March 11, 2014 by rtushnet

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading →

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danah boyd has good news for Google

Posted on March 11, 2014 by rtushnet

danah boyd, It’s Complicated: Boyd’s book recounts her ethnographic research on the internet lives of American teens of different races and classes.  She challenges many of the simple conclusions popular in the media.  Teens do value privacy—but they don’t often … Continue reading →

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Reading list: Copyright equality

Posted on March 7, 2014 by rtushnet

Peter DiCola, Copyright Equality: Free Speech, Efficiency, and Regulatory Parity in Distribution. Abstract: Copyright law treats webcasters like Pandora, on-demand streaming services like Spotify, the satellite radio company Sirius XM, and traditional radio broadcasters like Clear Channel in vastly different … Continue reading →

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Violence and African-American patenting

Posted on March 3, 2014 by rtushnet

Lisa D. Cook, Violence and Economic Activity: Evidence from African American Patents, 1870 to 1940.  How do inventors respond to evidence that the government isn’t interested in helping them?  Abstract: Recent studies have examined the effect of political conflict and … Continue reading →

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Reading list: Without Copyrights

Posted on January 22, 2014 by rtushnet

Robert Spoo, Without Copyrights: Piracy, Publishing, and the Public Domain: An engaging, detailed account of trade courtesy in the US before the US recognized foreign copyrights (including the period when foreign authors could in theory get a US copyright but faced … Continue reading →

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Reading list: Fagundes on market harm in the fair use test

Posted on January 21, 2014 by rtushnet

David Fagundes, Market Harm, Market Help, and Fair Use (forthcoming 2014) Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all … Continue reading →

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Versace embraces counterfeit style

Posted on October 28, 2013 by rtushnet

Versace’s collaboration with M.I.A. (since this kind of co-branding is now “collaboration”–some interesting work could be done on the double meaning there) involves copying counterfeit styles themselves copying Versace.  Some images here, not that I could recognize what makes them either … Continue reading →

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Reading list: empirical study of fertility clinic advertising

Posted on October 28, 2013 by rtushnet

Jim Hawkins, Selling ART: An Empirical Assessment of Advertising on Fertility Clinics’ Websites, 88 Indiana Law Journal 1147 (2013) (SSRN version): Nice study on what claims clinics actually make versus what claims scholars have worried about—answer, some overlap but not … Continue reading →

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