Author(s): Peter S. Menell Year: 2007 Abstract: The article examines the recent efforts of the Property Rights Movement to expand the “property tent” to emcompass intellectual property. In eBay v. […]
Intellectual Property and the Property Rights Movement
Judicial Resistance to Copyright Law’s Inalienable Right to Terminate Transfers
Author(s): Peter S. Menell Year: 2009 Abstract: For a century, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, […]
The Proper Scope of the Copyright and Patent Power
Author(s): Robert P. Merges Year: 2007 Abstract: As an increasing amount of society’s wealth is tied up in intangible assets, strong, clear property rights can make a good deal of […]
Preliminary Thoughts on Copyright Reform
Author(s): Pamela Samuelson Year: 2007 Abstract: The Copyright Act of 1976 is far too long, complex, and largely incomprehensible to non-copyright professionals. It is also the work product of pre-computer […]
Unbundling Fair Uses
Author(s): Pamela Samuelson Year: 2009 Abstract: Fair use has been invoked as a defense to claims of copyright infringement in a wide array of cases over the past thirty years, […]
Legally Speaking: The Dead Souls of the Google Booksearch Settlement
Author(s): Pamela Samuelson Year: 2009 Abstract: This short article argues that the proposed settlement of the Authors Guild v. Google lawsuit is a privately negotiated compulsory license primarily designed to […]
A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted Works
Author(s): Pamela Samuelson Year: 2007 Abstract: The WIPO Copyright Treaty (WCT) recognized the need to maintain a balance between the rights of authors and the larger public interest in updating […]
Why Copyright Law Excludes Systems and Processes from the Scope of its Protection
Author(s): Pamela Samuelson Year: 2007 Abstract: Contrary to common perceptions, Baker v. Selden is neither the origin of the idea/expression distinction of U.S. copyright law, nor of the merger doctrine […]
Why Plaintiffs Should Have to Prove Irreparable Harm in Copyright Preliminary Injunction Cases
Author(s): Pamela Samuelson Year: 2009 Abstract: It has become lamentably common for courts to issue preliminary injunctions in copyright cases once rights holders have shown a reasonable likelihood of success […]
Privacy as Intellectual Property?
Author(s): Pamela Samuelson Year: 2000 Abstract: Some economists and privacy advocates have proposed giving individuals property rights in their personal data to promote information privacy in cyberspace. A property rights […]