Tag Archives: conferences

WIPIP: Innovation policy

Posted on February 1, 2025 by rtushnet

Michael Burstein, The Law of the Direction of Innovation Foundational texts: NBER Rate and Direction of Inventive Activity, and revisited. But we need to ask: what innovation should we prioritize? What innovation, by whom, and for whom? These are contestable … Continue reading →

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WIPIP: Copyright: Infringement & Enforcement

Posted on February 1, 2025 by rtushnet

McFarlin, Restoring Joint Authorship We apply a separate accrual approach to © infringement: Petrella. But a one-time plain & express repudiation of joint authorship to a claim for accounting, Zuill, 9th Circuit. Should we continue to do so? Chuck Berry … Continue reading →

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WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

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WIPIP Panel 2B Copyright: Authorship, Ownership

Posted on January 31, 2025 by rtushnet

Newman, Adoption as Authorship Concept of being an author: personally generating all the sensory signals other humans will process as part of the work—comes into being because my mind decides to put it there and my body guides it. Certainly … Continue reading →

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WIPIP, UNLV: TM Protectability

Posted on January 31, 2025 by rtushnet

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. What about images? Word marks dominate consistently over time, but numbers have increased in every category. Our definitions: images … Continue reading →

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IPSC Closing Plenary: Fair Use After Warhol

Posted on August 9, 2024 by rtushnet

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is … Continue reading →

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IPSC Breakout 5 Comparative Approaches

Posted on August 9, 2024 by rtushnet

Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. If most infringement cases are between noncompetitors, automatic injunction is … Continue reading →

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IPSC Breakout 4 IP and Property/Contract Theory

Posted on August 9, 2024 by rtushnet

Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. One shouldn’t begin with an unilateral approach on their ends. Ordinary … Continue reading →

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IPSC Breakout 3: Trademark and Unfair Competition

Posted on August 9, 2024 by rtushnet

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent … Continue reading →

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IPSC session 2 copyright/trademark

Posted on August 8, 2024 by rtushnet

Copyrightable Subject Matter Kevin Collins, Copyright in Suburbia (Collins is a registered architect as well as a law prof) The stakes: whether © is “working” in suburbia matters in ways that might not be self-evident. Snack box approach: scattered observations … Continue reading →

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