Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. [...]
This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a [...]
Let us consider three ways in which legal academics may have missed the mark. The first, discussed in Part II, bears on the formation of copyright norms for the Internet [...]
Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive data set of copyright [...]
Before mid-2003, the recording industry's legal attack against peer-to-peer (P2P) systems was limited to the purveyors of P2P. End users were left untouched, the conventional wisdom being that it's not [...]
American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent [...]
This article describes how historical claims frequently made in arguments about the propertization of copyright are incomplete, focusing on three examples: that intellectual property is a much older phrase than [...]
It is black letter doctrine in copyright law that facts are not copyrightable: facts are discovered, not created - so they will always lack the originality needed for copyright protection. [...]
The Harvard Law Review rarely publishes articles on copyright law, so there was considerable buzz among intellectual property academics when the Review accepted a piece from a young scholar who [...]
A battle is waging in the media & entertainment industry. No longer is it only legal offerings competing against each other for market share, they now face a formidable foe [...]