Tag Archives: copyright

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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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

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WIPIP SESSION 6.A. Competition and Antitrust

BJ Ard, University of Wisconsin Law School Competition With and Without IP in the Video Game Industry Negative space; a number of lessons. Character protection is meaningful: Pac-Man/combination of elements. Patents can cover some elements/game rules, but most gameplay won’t … Continue reading

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WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading

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WIPIP SESSION 5.A. — Copyrights

Ned Snow, University of South Carolina School of Law The Tension Between Science and Creativity in the Copyright Clause Fabrications: clearly creative, but contrary to the meaning of “science.” Deceitful expression might provide knowledge about deception. CSAM/revenge porn: no benefit … Continue reading

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IP writing competition for law students

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WIPIP, SESSION 2.B. — Copyrights

Cathay Smith, University of Montana Blewett School of Law Weaponizing Copyright Pure suppression: Dr. Drew’s minimization of Covid; YouTubers compiled these clips and he sent takedown notices. Lawyer asserted © over text messages to ex partner when they were published … Continue reading

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WIPIP, PLENARY SESSION 1 — Race, Gender, and IP

Dan Burk, University of California, Irvine School of Law Racial Bias in Algorithmic IP Unpacking bias: divergent meanings: statistical bias (sampling), design (wrong type of model, model created for one purpose used for another), the fact that “raw data” is … Continue reading

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What Dastar took, does 1202 give back?

Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th … Continue reading

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Copyright year in review

I had a great time presenting this to the Copyright Society of Los Angeles. My slides. This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may … Continue reading

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