Issues

Intellectual Property

Intellectual property (IP) rights help creators limit who uses their work without giving value in return. This protection encourages innovation in thought and expression. Academics featured on this site research topics such as open source licensing, digital rights management, patent reform, IP and technical standards, trademarks, and trade secrets.

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TAP Blog

“Reform(aliz)ing Copyright for the Internet Age,” a conference hosted by the Berkeley Center for Law & Technology, attracted an international group of intellectual property experts to debate the merits of introducing legal formalities to copyright law.
Economist and law professor Howard Shelanski is nominated by President Obama to a White House position charged with reviewing the regulations that are proposed by government departments. In an interview with The Antitrust Source, Professor Shelanski discusses his thoughts on patent reform, innovation and antitrust policy.
Professor Ed Felten, Princeton University, wrote an article for Slate that shows how the Digital Millennium Copyright Act (DMCA) hinders security research. In “The Chilling Effects of the DMCA”, he tells three stories of DMCA threats against himself and a graduate student. He also offers suggestions for how Congress can fix the problem.
In his latest column for Publishers Weekly, Professor James Grimmelmann examines the Capitol Records v. ReDigi decision.
Patent Assertion Entities (PAEs) are a hot topic in antitrust circles. Professor Daniel Sokol hosted a blog symposium on the Antitrust & Competition Policy Blog to delve into the issues surrounding PAEs and their impact on innovation and competition. Several TAP scholars participated in the symposium; excerpts from their posts are included.
The Eighth Annual JTIP Symposium, sponsored by the Searle Center on Law, Regulation, and Economic Growth, hosted a panel of social media experts to discuss distinct issues that have arisen directly from the social network boom. Along with identifying these issues, several of the panelists articulated how parties should navigate them. This article recounts some of the issue-advice pairs brought to the floor.
Professor Keith Hylton defends intellectual property (IP) law in his book, "Laws of Creation – Property Rights in the World of Ideas."
In her recent papers, Professor Samuelson explores copyright law from three different perspectives: an author’s exclusive rights to derivative works; whether application program interfaces (APIs) of computer programs are copyrightable; and, she examines proposals for copyright reform.
The new Copyright Alert System is a collaborative effort between copyright owners (major record companies and Hollywood studios) and participating Internet service providers to curb online piracy. James Grimmelmann, New York University, and Jonathan Zittrain, Berkman Center for Internet and Society, Harvard University, explained aspects of the system.
Peter DiCola, associate professor at Northwestern University School of Law, speaks with TAP, sharing his thoughts on copyright law as it relates to the music industry.
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Fact Sheets

Software Patents

A patent provides an exclusive legal right to an invention for a limited period of time, in exchange for public disclosure of that innovation. As with other property rights, patents may be sold, transferred, or licensed for a third party’s use.

Quote

Lofi Girl Disappeared from YouTube and Reignited Debate Over Bogus Copyright Claims

“We ended up with this system because in the 1990s, when the contours of the internet and copyright are still coming into view, this is the compromise that representatives of the copyright industries and the internet industries worked out.” — James Grimmelmann, Professor of Law, Cornell University

James Grimmelmann
NPR
July 16, 2022

Featured Article

Questioning Copyright in Standards

This article asks if the systematic collection of data can be protected by copyright.

By: Pamela Samuelson