Intellectual Property Law

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IS PROFITING FROM THE ONLINE USE OF ANOTHER’S PROPERTY UNJUST? THE USE OF BRAND NAMES AS PAID SEARCH KEYWORDS (with Caprice Roberts, Paul W. Kruse, Glenn Perdue, and Martin L. Holmes), IDEA (2013)

This article begins with a basic question: Is Google’s profiting from the use of another’s...

 

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Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention, Vanderbilt Law Review en banc (2011)

One of the central issues in the Golan v. Holder litigation is the extent to...

 

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The Landscape of Collective Management Schemes, Columbia Journal of Law & the Arts (2011)

This paper, based on a keynote talk at Columbia Law School, reviews the nature of...

 

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The Google Book Settlement and International Intellectual Property Law, ASIL Insights (2011)

This short article considers the role that international law (WTO) issues played in the rejection...

 

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The Google Book Settlement and International Intellectual Property Law, ASIL Insight (2011)

This Insight examines the Berne and TRIPS arguments raised in the case and evaluates the...

 

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The Rise of 360 Deals in the Music Industry, Landslide (2011)

360 deals can give record companies access to revenue from movie contracts, merchandise sales, and...

 

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Cloud Control: Copyright, Global Memes and Privacy (with Daniel J. Hyndman), Journal on Telecommunications and High Technology Law (2011)

This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately,...

 

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The Google Book Settlement and the TRIPS Agreement, STAN.TECH.L.REV (2011)

The proposed amended settlement in the Google Book case has been the focus of numerous...

 

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User-Generated Content and Music File-Sharing: A Look at Some of the More Interesting Aspects of Bill C-32, From "Radical Extremism" to "Balanced Copyright" : Canadian Copyright and the Digital Agenda (2010)

This chapter is not intended as an update, but rather as an addendum to my...

 

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The 1909 Copyright Act in International Context, Santa Clara Computer & High Tech. L.J. (2010)

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of...

 

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Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation, Fordham Law Review (2009)

Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing...

 

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The Tangled Web of UGC: Making Copyright Sense of User-Generated Content, Vanderbilt Journal of Entertainment and Technology Law (2009)

Even as a mere conceptual cloud, the term “user-generated content” is useful to discuss the...

 

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Traditional Knowledge: Are We Closer to the Answers? The Potential Role of Geographical Indications, ILSA Journal of International and Comparative Law (2009)

The debate concerning the protection of, and access to, “traditional knowledge” has been going on...

 

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The Lisbon Agreement’s Misunderstood Potential, WIPO Journal: Analysis and Debate of Intellectual Property Issues (2009)

This article focuses on the similarities and differences between the proposed TRIPS register of geographical...

 

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A Uniquely Canadian Institution: The Copyright Board of Canada, An Emerging Intellectual Property Paradigm (2008)

Several countries have fostered the growth of Collective Management Organizations (CMOs) through legislative initiatives in...

 

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Intellectual Property and Human Rights: Learning to Live Together, Intellectual Property and Human Rights (2008)

Intellectual property and human rights must learn to live together. Traditionally, there have been two...

 

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Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitation, The University of Ottawa Law and Technology Journal (2008)

This Article suggests a path to develop a principled conceptualization for copyright of limitations and...

 

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The Protection of Databases, Chicago-Kent Law Review (2007)

In Parts I and II of this Paper, the author analyzes the legal protection of...

 

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The Role of Copyright Collectives in Web 2.0 Music Markets, WIPO/Vanderbilt Law School Conference of Collective Management (2007)

The flow of P2P is not under control. The laws of physics that applied to...

 

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The Purpose of Copyright Law in Canada, University of Ottawa Law & Technology Journal (2006)

In three recent cases, the Supreme Court of Canada provided several pieces of the Canadian...

 

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The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes, THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW (2006)

The relationship between domestic intellectual property statutes and international law in growing in scope and...

 

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Use of Copyright Content on the Internet: Considerations on Excludability and Collective Licensing, IN THE PUBLIC INTEREST: THE FUTURE OF CANDADIAN COPYRIGHT LAW (2005)

The Internet has been a catalyst for problems latent within the copyright system. Fundamentally, the...

 

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Intellectual Property, Trade & Development: The State of Play, Fordham L. R. (2005)

This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual...

 

OpenURL

Towards a New Core International Copyright Norm: The Reverse Three-Step Test, Marquette Intellectual Property Law Review (2005)

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no...

 

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Spiritual but not Intellectual? The Protection of Sacred Intangible Traditional Knowledge, Cardozo Journal of International and Comparative Law (2003)

The use of sacred aboriginal art is nothing new. It is fairly common to see...

 

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APPLICATION OF AN EXTENDED COLLECTIVE LICENSING REGIME IN CANADA: PRINCIPLES AND ISSUES RELATED TO IMPLEMENTATION, Canadian Heritage (2003)

The report examines the advantages, disadvantages and constraints of using an extended collective license in...

 

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Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, J. Copyright Society of the USA (2002)

he 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc....

 

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The Internationalization of Intellectual Property: New Challenges From the Very Old and the Very New, Fordham ntellectual Property, Media & Entertainment Law Journal (2002)

Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth...

 

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Transmissions of Music on the Internet: an Analysis of the Copyright Laws of Canada, France, Germany, Japan, the United Kingdom, and the United States, nderbilt Journal of Transnational Law (2001)

This Article examines the status of copyright laws in several countries as they pertain to...

 

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COLLECTIVE MANAGEMENT OF COPYRIGHT AND NEIGHBOURING RIGHTS IN CANADA: AN INTERNATIONAL PERSPECTIVE, Canadian Heritage (2001)

This document, prepared in 2001, surveys Canadian collectives, compares the Canadian situation to the situation...

 

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ELECTRONIC RIGHTS MANAGEMENT AND DIGITAL IDENTIFIER SYSTEMS, World Intellectual Property Organization (WIPO) (1998)

The first part, entitled “Electronic Copyright Management: A Definition in Time and Space” discusses (a)...

 

International Law

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Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention, Vanderbilt Law Review en banc (2011)

One of the central issues in the Golan v. Holder litigation is the extent to...

 

Link

The Google Book Settlement and International Intellectual Property Law, ASIL Insight (2011)

This Insight examines the Berne and TRIPS arguments raised in the case and evaluates the...

 

PDF

The Google Book Settlement and the TRIPS Agreement, STAN.TECH.L.REV (2011)

The proposed amended settlement in the Google Book case has been the focus of numerous...

 

PDF

The 1909 Copyright Act in International Context, Santa Clara Computer & High Tech. L.J. (2010)

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of...

 

PDF

The Lisbon Agreement’s Misunderstood Potential, WIPO Journal: Analysis and Debate of Intellectual Property Issues (2009)

This article focuses on the similarities and differences between the proposed TRIPS register of geographical...

 

PDF

Intellectual Property and Human Rights: Learning to Live Together, Intellectual Property and Human Rights (2008)

Intellectual property and human rights must learn to live together. Traditionally, there have been two...

 

Link

Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitation, The University of Ottawa Law and Technology Journal (2008)

This Article suggests a path to develop a principled conceptualization for copyright of limitations and...

 

Link

The Purpose of Copyright Law in Canada, University of Ottawa Law & Technology Journal (2006)

In three recent cases, the Supreme Court of Canada provided several pieces of the Canadian...

 

PDF

The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes, THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW (2006)

The relationship between domestic intellectual property statutes and international law in growing in scope and...

 

Link

Use of Copyright Content on the Internet: Considerations on Excludability and Collective Licensing, IN THE PUBLIC INTEREST: THE FUTURE OF CANDADIAN COPYRIGHT LAW (2005)

The Internet has been a catalyst for problems latent within the copyright system. Fundamentally, the...

 

PDF

Intellectual Property, Trade & Development: The State of Play, Fordham L. R. (2005)

This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual...

 

OpenURL

Towards a New Core International Copyright Norm: The Reverse Three-Step Test, Marquette Intellectual Property Law Review (2005)

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no...

 

PDF

Spiritual but not Intellectual? The Protection of Sacred Intangible Traditional Knowledge, Cardozo Journal of International and Comparative Law (2003)

The use of sacred aboriginal art is nothing new. It is fairly common to see...

 

PDF

Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, J. Copyright Society of the USA (2002)

he 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc....

 

PDF

The Internationalization of Intellectual Property: New Challenges From the Very Old and the Very New, Fordham ntellectual Property, Media & Entertainment Law Journal (2002)

Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth...

 

PDF

Transmissions of Music on the Internet: an Analysis of the Copyright Laws of Canada, France, Germany, Japan, the United Kingdom, and the United States, nderbilt Journal of Transnational Law (2001)

This Article examines the status of copyright laws in several countries as they pertain to...

 

Music File-Sharing

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The Landscape of Collective Management Schemes, Columbia Journal of Law & the Arts (2011)

This paper, based on a keynote talk at Columbia Law School, reviews the nature of...

 

Link

User-Generated Content and Music File-Sharing: A Look at Some of the More Interesting Aspects of Bill C-32, From "Radical Extremism" to "Balanced Copyright" : Canadian Copyright and the Digital Agenda (2010)

This chapter is not intended as an update, but rather as an addendum to my...

 

PDF

The Role of Copyright Collectives in Web 2.0 Music Markets, WIPO/Vanderbilt Law School Conference of Collective Management (2007)

The flow of P2P is not under control. The laws of physics that applied to...

 

Link

The Purpose of Copyright Law in Canada, University of Ottawa Law & Technology Journal (2006)

In three recent cases, the Supreme Court of Canada provided several pieces of the Canadian...

 

Link

Use of Copyright Content on the Internet: Considerations on Excludability and Collective Licensing, IN THE PUBLIC INTEREST: THE FUTURE OF CANDADIAN COPYRIGHT LAW (2005)

The Internet has been a catalyst for problems latent within the copyright system. Fundamentally, the...

 

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The Price of Social Norms: Towards a Liability Regime for File-Sharing, J. of Intell. Prop. Law (2003)

he paper starts by asking whether P2P file-sharing of music can be stopped. Based on...

 

collective management

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The Landscape of Collective Management Schemes, Columbia Journal of Law & the Arts (2011)

This paper, based on a keynote talk at Columbia Law School, reviews the nature of...

 

PDF

The 1909 Copyright Act in International Context, Santa Clara Computer & High Tech. L.J. (2010)

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of...

 

PDF

A Uniquely Canadian Institution: The Copyright Board of Canada, An Emerging Intellectual Property Paradigm (2008)

Several countries have fostered the growth of Collective Management Organizations (CMOs) through legislative initiatives in...

 

PDF

APPLICATION OF AN EXTENDED COLLECTIVE LICENSING REGIME IN CANADA: PRINCIPLES AND ISSUES RELATED TO IMPLEMENTATION, Canadian Heritage (2003)

The report examines the advantages, disadvantages and constraints of using an extended collective license in...

 

PDF

COLLECTIVE MANAGEMENT OF COPYRIGHT AND NEIGHBOURING RIGHTS IN CANADA: AN INTERNATIONAL PERSPECTIVE, Canadian Heritage (2001)

This document, prepared in 2001, surveys Canadian collectives, compares the Canadian situation to the situation...

 

TRIPS & Development

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The Google Book Settlement and the TRIPS Agreement, STAN.TECH.L.REV (2011)

The proposed amended settlement in the Google Book case has been the focus of numerous...

 

PDF

Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation, Fordham Law Review (2009)

Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing...

 

PDF

The Lisbon Agreement’s Misunderstood Potential, WIPO Journal: Analysis and Debate of Intellectual Property Issues (2009)

This article focuses on the similarities and differences between the proposed TRIPS register of geographical...

 

Geographical Indications

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The Google Book Settlement and the TRIPS Agreement, STAN.TECH.L.REV (2011)

The proposed amended settlement in the Google Book case has been the focus of numerous...

 

PDF

Traditional Knowledge: Are We Closer to the Answers? The Potential Role of Geographical Indications, ILSA Journal of International and Comparative Law (2009)

The debate concerning the protection of, and access to, “traditional knowledge” has been going on...

 

PDF

The Lisbon Agreement’s Misunderstood Potential, WIPO Journal: Analysis and Debate of Intellectual Property Issues (2009)

This article focuses on the similarities and differences between the proposed TRIPS register of geographical...

 

Copyright Law

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The internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy, The Copyright Pentalogy how the supreme Court of Canada shook the Foundations of Canadian Copyright law (2013)

This review of the five 2012 decisions by the Supreme Court of Canada (known as...

 

PDF

Cloud Control: Copyright, Global Memes and Privacy (with Daniel J. Hyndman), Journal on Telecommunications and High Technology Law (2011)

This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately,...

 

PDF

The Google Book Settlement and the TRIPS Agreement, STAN.TECH.L.REV (2011)

The proposed amended settlement in the Google Book case has been the focus of numerous...

 

Link

User-Generated Content and Music File-Sharing: A Look at Some of the More Interesting Aspects of Bill C-32, From "Radical Extremism" to "Balanced Copyright" : Canadian Copyright and the Digital Agenda (2010)

This chapter is not intended as an update, but rather as an addendum to my...

 

PDF

The 1909 Copyright Act in International Context, Santa Clara Computer & High Tech. L.J. (2010)

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of...

 

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Of Silos and Constellations: Comparing Notions of Originality in Copyright Law (with Elizabeth F. Judge), Cardozo Arts & Entertainment Law Journal (2009)

Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and...

 

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The Lisbon Agreement’s Misunderstood Potential, WIPO Journal: Analysis and Debate of Intellectual Property Issues (2009)

This article focuses on the similarities and differences between the proposed TRIPS register of geographical...

 

Link

Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitation, The University of Ottawa Law and Technology Journal (2008)

This Article suggests a path to develop a principled conceptualization for copyright of limitations and...

 

Technology & Social Justice

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Cloud Control: Copyright, Global Memes and Privacy (with Daniel J. Hyndman), Journal on Telecommunications and High Technology Law (2011)

This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately,...

 

Link

Democracy, Technology and Social Justice, University of Ottawa (2003)

On the Internet, more information is available than ever before but the oversupply means that...

 

Google Book Settlement

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The Landscape of Collective Management Schemes, Columbia Journal of Law & the Arts (2011)

This paper, based on a keynote talk at Columbia Law School, reviews the nature of...

 

Link

The Google Book Settlement and International Intellectual Property Law, ASIL Insights (2011)

This short article considers the role that international law (WTO) issues played in the rejection...

 

unjust enrichment, adwords, trademarks, brands

Link

IS PROFITING FROM THE ONLINE USE OF ANOTHER’S PROPERTY UNJUST? THE USE OF BRAND NAMES AS PAID SEARCH KEYWORDS (with Caprice Roberts, Paul W. Kruse, Glenn Perdue, and Martin L. Holmes), IDEA (2013)

This article begins with a basic question: Is Google’s profiting from the use of another’s...

 

No subject area

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The Regulation of Inchoate Technologies, Houston Law Review (2010)

In the Essay, I explain why and how certain technologies defeat regulatory interventions. I then...

 

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Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications), Chicago Journal of International Law (2010)

The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization...

 

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Traditional Knowledge & Intellectual Property: A TRIPS-Compatible Approach, Mich. St. L. R. (2005)

Should intellectual property provide a means for strengthening the range of incentives that local communities...