All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
Misreading Campbell: Lessons for Warhol
Rereading the case in which the Supreme Court first recognized transformative fair use could help the Supreme Court resolve tension between derivative rights and transformative fair use in Andy Warhol Foundation v. Goldsmith.
The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule
The Ninth Circuit has ruled that experts may not testify to help juries understand whether one computer program is similar to another. Ninth Circuit cases fail to properly assess software copyright violations.
Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise
A book that placed Star Trek characters in illustrations from Dr. Seuss is an unauthorized derivative work under the Copyright Act. The District Court erred in ruling that the book was a “fair use.”
Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2
These chapters of Intellectual Property in the New Technological Age: 2016 examine the justifications for intellectual property (IP) law, which includes trade secret, copyright, patent, and trademark law. Trade Secret law protects information used by a business from misappropriation.
Economic Analysis of Copyright Notice: Tracing and Scope in the Digital Age
Decades ago, the rule that copyrighted works must include a formal copyright notice was eliminated. Today, digital technology enables authors and artists to reuse old works in new ones, but lack of formal copyright notice makes it hard for them to identify copyrighted works.
Software and Internet Law
The book offers broad coverage of U.S. software and Internet law especially in IP, licensing and cyberlaw.
Intellectual Property Law
This chapter surveys research on the economics of intellectual property.
Intellectual Property and the Law of the Land
This article considers the relationship between real or physical property law and intellectual property law.
Intellectual Property in the New Technological Age
This textbook surveys key cases and laws relating to intellectual property (IP).