Drake IP 2013: Zvi Rosen, “Survey of copyright Law for Pre-1972 sound recordings”

Liveblogged from Drake IP Roundtable 2013. Rosen discusses state copyright law for sound recordings. Sound recordings began in early 20th C, but piracy was not a problem until technological advantages in the 1930s. There was no federal protection, so producers turned to state law: common law copyright, unfair competition, state criminal and civil statutes, privacy,[…]

Drake IP 2013: Liam O’Melinn, “The Ghost of Millar v Taylor”

Liveblogged from Drake IP Roundtable 2013. Liam O’Mellin begins by noting that common law as a perpetual right was overruled in Donaldson v Becket. But the common law view espoused in Millar has done very very well in recent years in the US. Despite hiding behind the shield of rationality, there’s a natural rights argument[…]

Drake IP 2013: Jon Garon, “Digital Hollywood: Reimagining Film, Music, Television and Publishing Distribution”

Liveblogged from Drake IP Roundtable 2013. Jon Garon begins by noting that Louis CK and other comedians started a movement of creating their own downloadable shows, liberated from traditional publishers. It was a relatively expensive production – a three-camera setup – but he was able to make about twice the amount of royalties he probably[…]

Drake IP 2013: Paul Heald, “How copyright makes works disappear, and the tolerance of infringement on Youtube”

Liveblogged from Drake IP Roundtable 2013. Paul Heald discusses two new empirical projects: How copyright makes book disappear Start with a sample of 7000 fiction books on Amazon, then take 2500 titles located in the Library of Congress catalog. It turns out that there is a big drop off in books published in 1930-1990. Many[…]

Drake IP 2013: Patricia Judd, the TRIPS balloon effect

Liveblogged from Drake IP Roundtable 2013. Patricia Judd asks how various aspects of the TRIPS agreement impact views of the WTO regulatory approach, and what this tells us about the legitimacy of the WTO system. Essentially, Judd argues that TRIPS is better than we give it credit for, less bad than the alternatives, and contains[…]

Drake IP 2013: Annemarie Bridy, “Of counterfeiters and Kingpings: Civil Forfeitures in the War on Piracy and the War on Drugs”

Liveblogged from Drake IP Roundtable 2013. Annemarie Bridy talks about asset seizure and forfeiture in IP cases. Operation ‘In Our Sites‘, started in 2010, is managed by Homeland Security and targets counterfeit hard and digital goods. By Bridy’s count, around ~1167 domain names were seized in 2012, around half of them for sales of counterfeit[…]

Drake IP 2013: Sean Morrris, “Trademarks as sources of market power”

Liveblogged from Drake IP Roundtable 2013. Sean Morris has been thinking about beers. Is he locked in to Anheuser-Busch as a brand? Morris argues that trademarks are a source of market power. Market power is demonstrated by three factors: (a) the relevant market; (b) market shares; and (c) abuse of market power. In Siegel v[…]

Drake IP 2013: Shontavia Johnson, “Memetic Theory, Trademark Law and the Viral Meme Mark”

Liveblogged from Drake IP Roundtable 2013. Shontavia Johnson presents her recent paper and future work. Asked why she couldn’t buy a “I am Trayvon” or “Justice for Trayvon” t-shirt. It turns out that these were registered as trademarks, and stores like Cafepress refuse to take the risks of printing the shirts. Less than 24 hours[…]

Drake IP 2013: Harry Surden, “Technological costs as law in IP”

Liveblogged from Drake IP Roundtable 2013. Harry Surden notes that the focus in legal scholarship has been on the effect of positive law of IP and the way that it balances incentives of costs. Surden argues that we have not focused enough on technological cost of IP – the scope and feasibility of an activity[…]

Drake IP 2013: Martin Senftleben, “Trademark law and the public domain”

Martin Senftleben presents on the normative implication of a study conducted for WIPO trying to map the public domain in trademark. He sees this as a project on public domain mainstreaming – considering the public domain within WIPO’s normative processes. Trademark law is not directly contributing to the public domain because there is no time[…]