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Tag Archives: copyright
Classmates.com, the right of publicity, and copyright preemption
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
IPSC: Remedies and Creativity
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
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Tagged copyright, IPSC: Remedies and Creativity conferences, patent, remedies
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IPSC Panel 20 – Copyright Theory
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
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Tagged copyright, IPSC Panel 20 – Copyright Theory conferences
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IPSC: Copyright and Trademark
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
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Tagged copyright, IPSC: Copyright and Trademark conferences, presentations, trademark
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IPSC Panel 14 – Copyright Authorship & Ownership
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
IPSC Panel 9 – Crosscutting IP
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
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Tagged copyright, IPSC Panel 9 – Crosscutting IP conferences, patent
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IPSC Panel 5 – Copyright, Distribution, and Access
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
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Tagged and Access conferences, copyright, Distribution, IPSC Panel 5 – Copyright
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IPSC: Copyright & Trademark
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
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Tagged copyright, IPSC: Copyright & Trademark conferences, trademark
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WIPIP SESSION 9.B. — Copyrights
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
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Tagged copyright, WIPIP SESSION 9.B. — Copyrights conferences
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WIPIP SESSION 8.A. — IP Theory (partial)
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