Tag Archives: music

IPSC: Copyright Enforcement

Posted on August 8, 2025 by rtushnet

Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copyright Infringement Pragmatist; experience as journalist with taking a photo, licensing it via CC, and seeing it widely reused without credit … Continue reading →

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IPSC: TM III/Music

Posted on August 7, 2025 by rtushnet

Trademark III Graeme B. Dinwoodie, Chicago–Kent College of Law – Illinois Institute of Technology, Not Just the Gutting of Rogers: A Window into Modern Trademark Challenges Defenses developed much more seriously in the US than in Europe. Rogers was an … Continue reading →

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WIPIP: Copyright: Incentives and the Digital Age

Posted on February 1, 2025 by rtushnet

Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is not a © problem b/c it doesn’t use work expressively. Past idea: digital creativity enhances autonomy by … Continue reading →

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Podcast on Bass Notes and Base Rates

Posted on April 1, 2024 by rtushnet

 I’m on Excited Utterance with Ed Cheng discussing my article with Chris Buccafusco. from Blogger http://tushnet.blogspot.com/2024/04/podcast-on-bass-notes-and-base-rates.html

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Of Bass Notes and Base Rates: Avoiding Mistaken Inferences about Copying

Posted on December 14, 2023 by rtushnet

 New article with Chris Buccafusco: Houston Law Review, Vol. 61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. To prove copying, especially cases … Continue reading →

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New comment on a paper about YouTube and music

Posted on October 27, 2023 by rtushnet

 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both … Continue reading →

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IPSC Breakout Session #4 Innovation/Copyright

Posted on August 4, 2023 by rtushnet

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Costly inefficiencies in supply and demand.         Virtually no one thinks … Continue reading →

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Transformative work of the day, SVB edition

Posted on March 15, 2023 by rtushnet

from Blogger http://tushnet.blogspot.com/2023/03/transformative-work-of-day-svb-edition.html

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WIPIP 2020, Day 2 panel 4

Posted on February 10, 2020 by rtushnet

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading →

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Amicus brief in Smith v. Drake fair use case

Posted on July 23, 2019 by rtushnet

With the able assistance of UCI’s IP clinic, led by Jack Lerner, I worked on an amicus brief in this case arguing that fair use should continue to be a flexible standard that accommodates various types of transformativeness. The brief … Continue reading →

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