I. INTRODUCTION

Most of us have business clients who advertise their goods or services. Suppose one day next week one of your clients calls and advises you that her business has been sued by a competitor who claims to have been tortiously injured as a result of your client’s trademark infringem...   MORE>>

“There is no inevitable historical force that drives the technological-economic moment toward an open, diverse, liberal equilibrium. If the transformation . . . actually generalizes and stabilizes, it could lead to substantial redistribution of power and money. The twentieth-century industrial pro...   MORE>>

Copyright is a system of federal regulation that empowers private actors to silence others, yet no one seriously doubts that copyright is consistent in principle with the First Amendment freedom of speech. Scholars and courts have tried to resolve the tension between exclusive rights in expression a...   MORE>>

1 Introduction

The Internet has changed from a quiet means of communication among academic and scientific research circles to a major global data pipeline through which large amounts of 'locked' intellectual property and proprietary information are moved. Whereas earlier technologies such as phot...   MORE>>

China’s copyright regime, which American businesses have repeatedly complained is not sufficiently enforced, could be successfully encouraged through a cultural policy, as an alternative to a trade policy. Through a cultural perspective, the concept of copyright might not be as remote to China’s...   MORE>>

I. INTRODUCTION

With its current annual budget of $30.5 billion, the National Institutes of Health (“NIH”) makes no small mark in the field of competitive research grant funding. More than eighty percent of that number is awarded to researchers around the world to fund their research, the ver...   MORE>>

I. INTRODUCTION

In A.V. v. iParadigms, LLC, four high school students who submitted written assignments to the online plagiarism detective service, Turnitin.com, brought a copyright infringement action against iParadigms, the operators of the service. iParadigms brought counterclaims alleging one...   MORE>>

This commentary originally appeared as part of the inaugural Virtual Workshop sponsored by the Intellectual Property Institute at the University of Richmond School of Law. The workshop featured a paper entitled Hoisting Originality by Professor Joseph Miller, along with two commentaries on the paper...   MORE>>

I. INTRODUCTION

In United States v. American Society of Composers, Authors and Publishers, the United States District Court for the Southern District of New York considered whether the use of copyrighted musical works as previews for ringtones and ringback tones was a public performance of the mu...   MORE>>

“Men do change, and change comes like a little wind that ruffles the curtains at dawn, and it comes like the stealthy perfume of wildflowers hidden in the grass.”—John Steinbeck

I. INTRODUCTION

As you walk through Grant Park on your way to downtown Chicago, you enjoy the ordered, natural...   MORE>>