Tag Archives: copyright

Classmates.com, the right of publicity, and copyright preemption

Posted on November 2, 2021 by rtushnet

Callahan v. PeopleConnect, Inc., 2021 WL 5050079, No. 20-cv-09203-EMC (N.D. Cal. Nov. 1, 2021) Plaintiffs in this putative class action alleged that PeopleConnect misappropriated their names, photographs, and likenesses and used the same in advertising its products and services, “including … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

IPSC: Remedies and Creativity

Posted on August 12, 2021 by rtushnet

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Panel 20 – Copyright Theory

Posted on August 12, 2021 by rtushnet

Shyamkrishna Balganesh, The Institutionalist Turn in Supreme Court Copyright Jurisprudence [Mandatory laptop update delayed my entry; this is a typically rich paper] Institutionalism example: commitment to Congress to decide in Eldred in Golan. Substantive disagreement takes the language of interpretation … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

IPSC: Copyright and Trademark

Posted on August 12, 2021 by rtushnet

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Clark D. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Panel 14 – Copyright Authorship & Ownership

Posted on August 11, 2021 by rtushnet

Timothy J. McFarlin, A Copyright Ignored? Mark Twain, Mary Ann Cord, and the Meaning of Authorship Twain used the story of formerly enslaved cook Mary Ann Cord, changing her name to Aunt Rachel. Told story “repeated word for word as … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Panel 9 – Crosscutting IP

Posted on August 5, 2021 by rtushnet

Derek E. Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Standard … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Panel 5 – Copyright, Distribution, and Access

Posted on August 4, 2021 by rtushnet

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Focus: liability exceptions and regulatory regimes that facilitate large scale distribution of works by direct distributors or via platforms … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC: Copyright & Trademark

Posted on August 4, 2021 by rtushnet

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial  Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP SESSION 9.B. — Copyrights

Posted on February 22, 2021 by rtushnet

Peter Lee, UC Davis School of Law Autonomy, Copyright, and the Structure of Creative Production Theory of the firm would suggest more consolidation within the firm in creative industries than exists. But creative autonomy is one reason that people would … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP SESSION 8.A. — IP Theory (partial)

Posted on February 22, 2021 by rtushnet

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. Question: will users trust a new court? Trust in the court … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment