This is a reproduction of John Locke's 1694(-5) memorandum opposing renewal of the Licensing Act, along with a short introduction. In the memorandum, Locke strongly attacks the monopoly held by [...]
Following work published in 2006, this article explores the history of the phrase 'intellectual property' as it was used in the 19th century and early 20th century by jurists speaking [...]
This Article explores the interaction between copyright law and photography, the 19th century technological development that most challenged copyright’s conceptual underpinnings. Prior to this article, neither courts nor commentators have [...]
This paper was presented at a symposium at the University of San Diego in 2012. After providing a brief historical review of international efforts to establish intellectual property rights over [...]
In 1994, the United States established laws prohibiting the making and distribution of “bootleg” recordings of live music concerts. While strongly criticized by many commentators, these provisions establishing a “right [...]
This article discusses what has arguably been the world’s greatest naturally occurring experiment in cultural production without copyright: the burgeoning audiovisual industry of Nigeria, aka “Nollywood.” Although Nigeria has a [...]
The manuscript explores how U.S. fair use – a “standard” in a world of statutory copyright rules – has become an arena of ideological struggle over IP policy. At the [...]
Is our copyright system basically fair? Does it exacerbate or ameliorate the skewed distribution of wealth in our society? Does it do anything at all for disempowered people, people at [...]
Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the [...]
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to [...]