Tag Archives: copyright

Private Law and IP: Licensing I

Posted on March 11, 2016 by rtushnet

Session 3: Licensing I Moderator: Yonathan Arbel Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”: Conventional view—be wary of encroachment on public domain from licensing transactions.  Medley of limitations lay minefield for construction of transactions w/minimum legal risk.  … Continue reading →

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

Private Law & IP: Institutions

Posted on March 11, 2016 by rtushnet

Session 2: Institutions I Moderator: Patrick R. Goold Wendy J. Gordon, “Proximate Cause in Torts becomes Proximate Use in Copyright”: Common law has useful intuitions—tort for copyright—though I don’t pretend to know whether tort is optimal. Both tort and © … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Private Law and Intellectual Property conference at Harvard

Posted on March 11, 2016 by rtushnet

Opening Remarks: Henry Smith—exploring the connections between private law and IP.   Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory.  Why do we have an … Continue reading →

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

Initial comments on 1201: fixing what’s broken

Posted on March 7, 2016 by rtushnet

I’ve been reading through the initial comments on 1201 for the Copyright Office’s inquiry.  One overarching thought: current “winners”—successful exemption proponents—unanimously say the current process is broken.  Current losers—unsuccessful exemption opponents—occasionally express openness to minor tweaks, such as a meaningless … Continue reading →

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

Copyright Office notice of inquiry on 1201

Posted on March 4, 2016 by rtushnet

Comments I’ve seen so far: Organization for Transformative Works comment (of which I am very proud!) Public Knowledge New America’s Open Technology Institute New Media Rights Joint Libertarian Comments (R Street, FreedomWorks, and Niskanen Institute) International Documentary Association Consumers Union … Continue reading →

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

WIPIP Session 7: International issues

Posted on February 20, 2016 by rtushnet

Session 7 Room 145: International IP   Sean Flynn, Mike Palmedo, & Walter Park, Creating a Database of Changes to Copyright User Rights in 40 Nations   Fair dealing is flexible (uses a balancing test) but not open (limited classes … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP session 6: IP Theory

Posted on February 20, 2016 by rtushnet

Session 6 IP Theory 3   BJ Ard, More Property-Like than Property: The Asymmetry of Remedies in Tangible and Intellectual Property   Real property remedies are less “property-like” than IP remedies.  Property v. liability rules. Real property often much more … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP Session 5: Copyright 2

Posted on February 20, 2016 by rtushnet

Session 5 Copyright 2   Zahr Said, A Transactional Approach to the Lay Observer in Copyright Law   Internal contradictions in uses of the observer.  Humanities perspective: copyright doesn’t have a theory of reading/interpretation/engaging with works.  Reader response theory as … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP Session 4: Design

Posted on February 20, 2016 by rtushnet

Session 4: IP, Design, User Experience   Sarah Burstein, Reviving Ornamentality: Fed. Cir. killed ornamentality in design; right now it means nothing other than Morton-Norwich nonfunctionality. She thinks we should bring it back.  Two aspects: (1) “matter of concern” in … Continue reading →

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

WIPIP, plenary session 1

Posted on February 19, 2016 by rtushnet

WIPIP, University of Washington School of Law Plenary Session 1: Innovation Policy   Stephanie Bair, Promoting the Useful Arts: Corporate Edition   87% of patents are assigned to organizations, not individuals.  How to motivate individuals/employees?  Assumption is usually that companies … Continue reading →

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