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Honest Copying Practices
(Notre Dame Law Review, 2017)
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
Music As a Matter of Law
(Harvard Law Review, 2018)
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
Copyright Infringement and the Separated Powers of Moral Entrepreneurship
(American Criminal Law Review, 2014)
This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
Improper Appropriation
(Lewis & Clark Law Review, 2019)
The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
Exploring the Interfaces Between Big Data and Intellectual Property Law
(Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
The Copy Process
(New York University Law Review, 2016)
There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...