Issues

Twenty Years of U.S. Digital Copyright: Adapting from Analog

From 2001 to 2021, digital technologies have challenged U.S. copyright law. Key copyright concepts affected include the scope of exclusive rights, fair use, and liability of online service providers for infringement.

Antitrust and Innovation Competition

Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.

Measuring the Private and Social Returns to R&D: Unintended Spillovers versus Technology Markets

Traditional methods of estimating returns to research and development (R&D) ignore gains from selling or licensing intellectual property. Counting these gains shows they are an important source of returns to R&D.

The Inequalities of Innovation

Gains from innovation and opportunities to innovate are not distributed equally. Sometimes, the patent system helps the poor become richer, but can also help the rich become richer.

Sequential Uses of Copyrighted Materials: Transforming the Transformative Use Doctrine in Andy Warhol Foundation v. Lynn Goldsmith

The case of Andy Warhol Foundation v. Lynn Goldsmith arose when one artist’s copyrighted work was used to create a second artist’s work. The key factor is the effect of the alleged infringement on the value of the first work.

Memes on Memes and the New Creativity

Memes challenge basic assumptions underlying copyright law. Creators of memes want to be copied. Creators may use copyright selectively to prevent changes to a meme by a select few.

Trademark Search, Artificial Intelligence and the Role of the Private Sector

Worldwide, trademark offices and private firms use artificial intelligence-based systems (AI) to identify distinct trademarks. AI will transform trademark business and legal processes.

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.

Legal Internalism in Modern Histories of Copyright

Process concerns, including formal registration requirements and the rule of law, are important to copyright lawyers and policymakers. Recent histories of copyright law neglect these procedural elements.

From Trade Secrecy to Seclusion

Traditionally, trade secret law protected innovations from misappropriation by departing employees. Now, however, trade secret claims are often used to conceal information of public concern.