Author(s): Peter S. Menell Year: 2011 Abstract: This article explores the unique and complex mix of statutory provisions and common law jurisprudence that characterizes federal intellectual property law. Patent and […]
The Mixed Heritage of Federal Intellectual Property Law and Ramifications for Statutory Interpretation
A Fresh Look at Tests for Nonliteral Copyright Infringement
Author(s): Pamela Samuelson Year: 2013 Abstract: A central puzzle for U.S. copyright law in the 20th and 21st centuries has been how to test for infringement of the exclusive right […]
What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes?
Author(s): Jennifer Urban Year: 2013 Abstract: Numerous legal regimes or proposals have been devised to address the problem of whether or under what circumstances in-copyright works can be made available […]
The Access to Knowledge Mobilization and the New Politics of Intellectual Property
Author(s): Amy Kapczynski Year: 2009 Abstract: Intellectual property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of […]
Scarcity of Ideas and R&D Options: Use it, Lose it or Bank it
Author(s): Suzanne Scotchmer Year: 2009 Abstract: We investigate rewards to R&D in a model where substitute ideas for innovation arrive to random recipients at random times. By foregoing investment in […]
Cultural Environmentalism and the Constructed Commons Law and Contemporary Problems
Author(s): Molly S. Van Houweling Year: 2007 Abstract: The public domain is to the world of innovation and creativity what the environment is to the physical world. Concern with the […]
Pooh-Poohing Copyright Law’s ‘Inalienable’ Termination Rights
Author(s): Peter S. Menell Year: 2009 Abstract: From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and […]
Matters of Public Concern and the Public University Professor
Author(s): Chris Jay Hoofnagle Year: 2004 Abstract: The matter of public concern test is the threshold inquiry courts use to determine whether a public employee’s expression falls within the bounds […]
Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property
Author(s): Paul M. Schwartz Year: 2004 Abstract: Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated […]
Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law
Author(s): Suzanne Scotchmer Year: 2008 Abstract: We address the patent/antitrust conflict in licensing and develop three guiding principles for deciding acceptable terms of license. Profit neutrality holds that patent rewards […]