Intellectual Property Stories assembles 15 nationally-recognized full-time members of the intellectual property professorate to bring famous cases to life by exploring the history, policy, and human interests underlying the canonical cases in the field. The stories are organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems intellectual property law encounters. The works, inventions, and marks at issue in these cases vary widely. Many of the stories illustrate more than the issue identified in the chapter title. Thus, it is possible to confine one's reading to an individual intellectual property regime, and still encounter most of the issues common to the whole field. However, each of the stories is written in a manner that will interest and instruct intellectual property students and scholars across the breadth of the field, without requiring particular knowledge of any of its specialized branches.
Author: Jane C. Ginsburg,Rochelle Cooper Dreyfuss
Jim Davis, through stories of his remarkable career as U.S. Naval officer, international trial lawyer and Federal trial judge, provides rare insight and humor to exotic happenings on the high seas and in America’s courtrooms. All stems from his improbable youthful achievements . . . appointment to the U.S. Naval Academy faculty at age 23 and to the Federal bench in Washington, D.C. at age 32, youngest ever to the U.S. Court of Claims. He tells of chasing Soviet nuclear submarines from New York to the North Sea, learning the Navy’s ways while working with fellow-officer Ross Perot (America’s computer wunderkind in the late 1950s), navigating the St. Lawrence seaway in 1957 on an aircraft carrier, the first and largest ship to do so, and entering Havana, Cuba in 1957 under threat of Castro’s expanding revolution. In the courtroom, he tangled with the CIA over recovery of a Soviet submarine from the Pacific Ocean floor, prevented China from exporting illegally millions of TV sets to the U.S. after stealing U.S. patents, protected Texas Instruments’ multi-billion dollar position in computer chip production from invasion by Japan and Korea, and thwarted piracy by Mexican and Chinese pirates of National Geographic Society’s world famous yellow-bordered Geographic magazine. As trial judge, he decided a $211 million patent case, second largest in U.S. history, and decided what Time Magazine called the “most significant copyright case of the 20th century,” copyright’s struggle with the Xerox machine. And much more. A great read!
On the High Seas and in America's Courtrooms
Author: Jim Davis
Category: Biography & Autobiography
intellectual property in an information age
Author: Debora J. Halbert
There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.
Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples
Author: Caroline Joan "Kay" S. Picart
Publisher: Rowman & Littlefield
This book shows the development of Australian IP law into a distinctly Australian body.
Author: Andrew T. Kenyon,Megan Richardson,Sam Ricketson
Publisher: Cambridge University Press
Bankruptcy Stories explores the landmark decisions that shape modern bankruptcy law and practice. Alan Schwartz, George Triantis, David Skeel, Barry Adler and other leading scholars critically examine the basic foundations of bankruptcy doctrine from Case v. Los Angeles Lumber to Butner to Maxwell Communications. In ten short and accessible chapters, Bankruptcy Stories provides students with an understanding of the institutional, economic and social forces that shape our bankruptcy system. The cases cover corporate, individual and transnational bankruptcy and illustrate the role that the Solicitor General plays in shaping bankruptcy law. The book focuses on the ways lawyers have operated within the parameters set by the Bankruptcy Code, such as establishing the Manville Asbestos Trust.
Author: Robert K. Rasmussen
Since the creation of the comic book, cases of legal conflict and confusion have often arisen where concepts such as public domain, unincorporated entities and moral rights are involved. As a result, comics creators are frequently concerned about whether they are protecting themselves. There are many questions and no single place to find the answers—that is, until now. Entertaining as it instructs, this book seeks to provide those answers, examining the legal history of comics and presenting information in a way that is understandable to everyone. While not seeking to provide legal advice, this book presents the legal background in plain English, and looks at the stories behind the cases. Every lawsuit has a story and every case has lessons to be learned. As these lessons are explored, the reader will learn the importance of contracts, the basics of copyright and trademark, the precautions necessary when working with public domain characters and the effects of censorship.
Essential Concepts and Applications
Author: Joe Sergi
Category: Literary Criticism
As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as a key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. But because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.
Integrating Incentives, Trade, Development, Culture, and Human Rights
Author: Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng
Publisher: Cambridge University Press
FFM to the South Pacific
WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999).
Author: World Intellectual Property Organization
The present state of copyright law and the way in which it threatens the remix of culture and creativity is a shared concern of the contributors to this unique book. Whether or not to remain within the underlying regime of intellectual property law, and what sort of reforms are needed if we do decide to remain within this regime, are fundamental questions that form the subtext for their discussions. - Publisher.
Hans Christian Andersen and the Commodification of Creativity
Author: Helle Porsdam
Publisher: Edward Elgar Publishing
Keeping up with the fast pace of change in Intellectual Property, the third edition of Examples & Explanations: Intellectual Property offers timely coverage of central concepts in the proven-effective Examples & Explanations format. Student-friendly, concise, and timely, Examples & Explanations: Intellectual Property features: complete coverage keyed to the leading IP casebooks for the survey course proven-effective Examples & Explanations pedagogy that fills in any gaps in students' understanding of casebook assignments consistent emphasis on central concepts, without digressing into more advanced topics free-standing chapters that are easily adapted to any course structure and make this study guide useful to as a reference throughout the semester Key Concepts and Policy Issues highlighted in each chapter Updated throughout, the Third Edition includes: new developments effecting Internet service providers new material on patents, including landmark Supreme Court cases (on first sale, injunctions, patentable subject matter, licensing, declaratory judgments, nonobviousness, infringement abroad, and experimental use) and key Federal Circuit cases minimum statutory damages for downloading music originality--copyright in forms, digital images of public domain works DMCA anticurcumvention provisions new exemptions cases protecting legitimate uses of copyright protected works First Amendment limits on Congress' power to expand copyright protection international issues, such as copyright restoration for foreign works, and scope of protection abroad for US works copyright protection for databases, software, and orphan works consumers licensing, such as click-through copyright licenses and arbitration clauses new material on fair use thumbnail images in search engines Google Book case Turnitin, on-line plagiarism protection Public records in private databases Legal documents new cases on audio books, sampling, and data use restrictions new material on patents, including landmark Supreme Court cases and key Federal Circuit cases new material on trademark Trademark Dilution Revision Act use of trademarks as keywords in search engine advertising unauthorized use of trademarks in video games and films cases on likelihood of confusion standard, scope of international protection, functionality of trade dress, and fair use of trademarks new material on trade secret, such as remedies, reverse engineering, and government use of trade secret information new material on state intellectual property law, such as First Amendment limits on right of publicity; unjust enrichment and Intellectual Property law; scope of employee invention assignment agreements; preemption by federal law Intellectual Property is a big field and continually in the throes of change. Stephen M. McJohn keeps his coverage focused and current in Examples & Explanations: Intellectual Property, Third Edition. for a complete, concise, and clear introduction to central IP concepts, trust the proven-effective Examples & Explanations methodology to convey Intellectual Property concepts to your students.
Examples & Explanations
Author: Stephen M. McJohn
Publisher: Aspen Publishers Online
As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners’ intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction.
Outsider Works and Intellectual Property Protection
Author: Professor Aaron Schwabach
Publisher: Ashgate Publishing, Ltd.
Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
Creators, Innovators, and Everyday Intellectual Property
Author: Jessica Silbey
Publisher: Stanford University Press
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
A Handbook of Contemporary Research
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
what ifs and other alternative intellectual property and cyberlaw stories
Author: Mark A. Lemley,Michigan State University. College of Law
In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good.
Copyright Law and the Regulation of Digital Culture
Author: Jessica Reyman
Category: Language Arts & Disciplines
Ideally suited as a supplement in a law and society or constitutional law course or as a text for an advanced seminar, Education Law Stories provides an enriched understanding of a dozen leading education-related cases, focusing on how the litigation was shaped by lawyers, judges, and social factors, and why the cases have attained landmark status. In this book, a group of prominent education and constitutional law scholars have brought to life twelve of the most interesting cases ever litigated, a number of which are regularly taught in basic law school courses. Both cases in higher education settings and school law are included, and they make for fascinating reading. The volume is edited by Michael A. Olivas and Ronna G. Schneider and chapter authors include Robert O'Neil, Erwin Chemerinsky, Laura Rothstein, Wendy Parker, Rachel Moran, and many other leaders in the field. Cases have been selected to provide a historical sampling of different times and important issues, including reli
Author: Michael A. Olivas,Ronna Greff Schneider
Das Eigentum spielt in der modernen Gesellschafts- und Kulturgeschichte eine zentrale Rolle. Die Transformationsprozesse in Mittel- und Osteuropa führen das besonders deutlich vor Augen, doch auch in Westeuropa geraten gängige Vorstellungen über das Eigentum angesichts von Deregulierung und Umverteilung, von neuen Informationstechnologien und neuen Knappheiten unter Druck. Das Eigentumsrecht, zu dem auch Konventionen, Doktrinen und kulturelle Praktiken gehören, prägt Wahrnehmungen, Erfahrungen, Handlungen, gesellschaftliche Strukturen und Vorstellungen. Es kodiert die politische und kulturelle Ordnung, es legt fest, was richtig ist, wer und was anerkannt, geschützt und ausgeschlossen wird. Die Diskurse über Eigentum kreisen daher um prinzipielle Probleme der modernen Gesellschaft, etwa um Fragen nach Freiheit, Verantwortung und Gerechtigkeit.Die Bedeutung des Eigentums wird in diesem Band für verschiedene Entwicklungsperioden vom 18. Jahrhundert bis heute untersucht. Daneben werden Vergleiche zwischen verschiedenen sozialen Gruppen, Gesellschaften und Kulturen auf regionaler, nationaler und systematischer Ebene durchgeführt. Es zeigt sich, daß der individualistische, liberale Eigentumsbegriff in den letzten zwei Jahrhunderten in weiten Gebieten der Welt den Umgang mit Gütern, die sozialen Beziehungen und die wirtschaftlichen, sozialen und kulturellen Verhältnisse geprägt hat, wenn auch mit nationalen und regionalen Unterschieden. Die Autoren verbinden Gesellschafts- und Kulturgeschichte mit Rechtsgeschichte und machen Eigentum zum Ausgangspunkt für die historische Analyse von Gesellschaften und Kulturen.
Author: Hannes Siegrist,David Sugarman
Publisher: Vandenhoeck & Ruprecht