Tag Archives: copyright

IPSC session 5

Session 5: Copyright Michael Carroll, The Law of Musical Borrowing: A concept of © distinctiveness is implicit in how we talk about substantial similarity.  Who decides this? It’s supposed to be the consumer: ordinary observer/intended audience. Both TM and © … Continue reading

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IPSC session 4

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading

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IPSC session 3 (trade secret then copyright)

Session 3: Trade Secrets, Courtney Cox, Can the Law Force You to Lie? The Use of Deceptive Precautions to Protect Trade Secrets Reasonable measures to protect the secret are generally required. Should you have to engage in deception, or deceptive … Continue reading

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ASTM v. PublicResource.org: Copyright

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) The panel, citing “serious constitutional concerns,” vacated the district court’s finding of trademark and copyright infringement based on PRO’s copying of privately drafted standards … Continue reading

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Content Moderation at Scale, DC Version

Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading

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CC-licensed or not? you be the judge

A knitting pattern I’m using comes with a CC license and license terms that seem distinctly un-CC.  For contracts folks out there, what license do I have? It says CC-BY-NC-SA, but then “What does this copyright notice mean?” purports to … Continue reading

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1201 hearings, LA, streamlined video exemption

IN SUPPORT Art Neill New Media Rights Elizabeth Rosenblatt Organization for Transformative Works Jack Lerner, Brian Tamsut, and Jovan C. Ardy UCI Intellectual Property, Arts, and Technology Clinic Tisha Turk University of Minnesota, Morris  IN OPPOSITION Ben Sheffner Motion Picture Association … Continue reading

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