DOCSLIB.ORG

Wake Forest Journal of Business and Intellectual Property Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Wake Forest Journal of Business and Intellectual Property Law ! ! ! WAKE FOREST JOURNAL OF BUSINESS AND INTELLECTUAL PROPERTY LAW ! ! !9%29 "*!9&$%29 "!9&9 FLAWS IN THE EVOLVING UNDERSTANDING OF THE CONSTITUTION’S INTELLECTUAL PROPERTY CLAUSE C. Todd Mosley†! I. INTRODUCTION .......................................................... 283 II. RELEVANT ENGLISH COPYRIGHT HISTORY ............ 286 ! III. COPYRIGHT AND THE CONSTITUTION .................... 289 A. THE NEED FOR COPYRIGHT PROTECTION ................ 289! B. SIGNIFICANCE OF THE “LIMITED TIMES” ! P! ROVISION ............................................................... 293! IV. C! OPYRIGHT EXTENSION ......................................... 294 ! V. FROM PUBLIC BENEFIT TO ECONOMICS: CONGRESS CHANGED THE INTENT OF COPYRIGHT..... 297! VI. WE WOULD LIKE TO PUNT THIS ISSUE: THE SUPREME COURT’S ABILITY TO AVOID THE ! QUESTION..................................................................... 303 VII. RECENT SHIFT IN COPYRIGHT PROTECTION: TOWARDS A MORE PUBLIC CENTERED REGIME . 3 0 6 ! VIII. SOLUTIONS ........................................................... 310 A. TERM LIMITS .......................................................... 311! B. REINSTATE THE RENEWAL REQUIREMENT .............. 312! C.!REVERSIONARY CLAUSE ......................................... 312 ! D.!COPYRIGHT INFRINGEMENT EXONERATION ! ! ! ! † © 2018 Assistant Public Defender, Hancock County, Ohio. I want to sincerely thank my beautiful wife, Susanna Fleites, for her love, support, and most of all her patience. I am eternally grateful to Professor Deidré Keller for igniting my passion for intellectual property law. Lastly, I want to thank the entire staff at Wake Forest Journal of Business and Intellectual Property Law for their professional candor, expediency, and incredible insight. Any errors found herein are mine and mine alone. 9&2&9 "#!9$!959 6!59%29 9 " 5949*!59595! CLAUSE .................................................................... 313 IX. CONCLUSION ........................................................... 314 ! ! &$%279 8!9!!!*99*!!% #9 &2'9 !#9%# !! 9 I.!INTRODUCTION Article I, Section 8, Clause 8 of the United States Constitution confers onto Congress the authority “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.1 By design, and with the understanding of the immense power a monopoly can have, the framers of the Constitution found it necessary to grant such monopolies to better society.2 This compromise would allow all those who created something useful, creative, or furthered science to reap the fruits of their labor.3 However, this incentive was not intended to be a license that guarantees riches to the inventor, author, or assignees, but rather a reward for their societal contribution.4 This incentive was a quid pro quo between the authors and the public.5 The quid pro quo found in the Intellectual Property Clause of the Constitution had a simpler understanding when it was drafted than it does today.6 Originally, it was understood that we as a society would 1 U.S. CONST. art. I, § 8, cl. 8. 2 See Steven G. Calabresi & Larissa C. Leibowitz, Monopolies and the Constitution: A History of Crony Capitalism, 36 HARV. J.L. & PUB. POL’Y 983, 1009 (2013) (exploring the framers’ understanding and common hatred of monopolies). 3 See U.S. CONST. art. I, § 8, cl. 8. 4 See Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539, 558 (1985); Dennis Harney, Mickey Mousing the Copyright Clause of the U.S. Constitution: Eldred v. Reno, 27 U. DAYTON L. REV. 291, 308 (2002); Tyler T. Ochoa & Mark Rose, The Anti-Monopoly Origins of the Patent and Copyright Clause, 84 J. PAT. & TRADEMARK OFF. SOC’Y 909, 924–25 (2002). 5 See Harney, supra note 4, at 299. 6 The predominant idea that intellectual property is a natural right is evidenced in our congressional enactments and even in our court cases. See Robert Epstein, The Constitutional Foundations of Intellectual Property By Randolph J. May & Seth L. Cooper, 17 FEDERALIST SOC’Y REV. 54, 54 (2016) (reviewing RANDOLPH J. MAY & SETH L. COOPER, THE CONSTITUTIONAL FOUNDATIONS OF INTELLECTUAL PROPERTY (2015)) (explaining that the Lockean Natural Law Theory heavily influenced the Founding Fathers in crafting the Constitution); see also Gene Quinn, Patents, Copyrights and the Constitution, Perfect Together, IP WATCHDOG (May 4, 2011), http://www.ipwatchdog.com/2011/05/04/patents-copyrights-and-the- constitution-perfect-together/id=16769/ (demonstrating that Congress has repeatedly passed legislation to grant patents and copyrights). The Founding Fathers hesitantly recognized monopolies. See James Madison, Monopolies Perpetuities Corporations Ecclesiastical Endowments, in WORDS OF THE FOUNDING FATHERS 143, 143 (Steve Coffman ed., 2012) (reiterating Madison’s view of the forbidden sense of monopolies while acknowledging that in certain case they can be useful). While they may be useful, monopolies must be “guarded with strictness against abuses.” Id. The Founders found it necessary to state that we are not to have a perpetual right in copyright and other intellectual property regimes because the right of a learned man trumps the statutory right to a monopoly. Id. continued . 9&2(9 "#!9$!959 6!59%29 9 " 5949*!59595! grant you, inventor or author, a statutory monopoly right in your work, and in return, after the expiration of said monopoly, your work would move into the public domain 7 for all to use freely. 8 Today the prominent understanding – or misunderstanding – of intellectual property tends to be more towards allocating intellectual property the same rights found in natural property.9 Many, including some members of Congress, believe that since it is the author’s creation, the author should have a perpetual property right in the work.10 This perpetual right theory is detrimental to the existence of the public domain. The transition from monopoly to public domain is fundamentally necessary for the progress of science and the useful arts, as most, if not all, intellectual property has an essential connection to earlier creations and discoveries.11 John of Salisbury wrote: “We are like dwarfs sitting on the shoulders of giants. We see more, and things that are more distant than they did, not because our sight is superior or because we are taller than they, but because they raise us up, and by their great stature add to ours.”12 John was a distinguished philosopher, educationalist, 7 Public Domain, NOLO’S PLAIN-ENGLISH LAW DICTIONARY (1st ed. 2009). The public domain is a collection of works that do not have, or no longer have, copyright protection. See id. It is free for anyone to use any of the works in the public domain. See id. The public domain consists of: Ideas and facts; Works with expired copyrights; Works governed by early copyright statutes that failed to meet the requirements for copyright protection, i.e., notice, registration, and renewal requirements; U.S. government works; Scientific and other research methodologies, statistical techniques and educational processes; Laws, regulations, judicial opinions, government documents and legislative reports; Words, names, numbers, symbols, signs, rules of grammar and diction, and punctuation. Public Domain, U.C. COPYRIGHT, http://copyright.universityofcalifornia.edu/use/public-domain.html (last visited Nov. 3, 2017). 8 See James E. Rogan, Dir., U.S. Patent & Trademark Office, Prepared Remarks at the Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy (Feb. 6, 2002), https://www.uspto.gov/about-us/news- updates/competition-and-intellectual-property-law-and-policy-knowledge-based- economy (“While patents can encourage risk-taking and investment in new ideas, patent law also limits the advantage that a patent confers. An inventor does not have exclusive rights to his invention forever. Once the term of the patent expires, the invention is in the public domain and may be used or manufactured by anyone.”). 9 See generally Craig W. Dallon, The Problem with Congress and Copyright Law: Forgetting the Past and Ignoring the Public Interest, 44 SANTA CLARA L. REV. 365 (2004) (elaborating on the issues Congress faces when enacting copyright law). 10 See id. at 447. 11 See Harney, supra note 4, at 299. 12 See Linda Chatman Thomsen, Standing on the Shoulders of a Giant, 1 BROOK. J. CORP. FIN. & COM. L. 1, 2 (2006). continued . &$%279 8!9!!!*99*!!% #9 &2)9 !#9%# !! 9 and historian from the twelfth century.13 His quote was referring to the idea of education, which is still relevant today, as this idea is the driving force behind the public domain.14 The limited monopoly of intellectual property rights was created to spur creativity,15 and did so quite well, as early inventers and authors were very successful in their creations.16 But what changed? This Article will explore the question of why Congress, over the past forty years, has found it necessary to extend the period in which the author, or even an assignee, may legally keep others from sitting on the shoulders of giants. Furthermore, this Article will explore the issue of whether authors were unhappy with the length of the original monopoly term granted by copyright law and were therefore unwilling to create new works of expression. This Article will explore the fundamental causes behind unconstitutional overextensions of intellectual property rights. In doing so, it will reveal the foundation of copyright law, highlight the Founding Fathers’ intent
Load more

Recommended publications
  • Copyright and the First Amendment: Comrades, Combatants, Or Uneasy Allies? Joseph P
    Notre Dame Law School NDLScholarship Journal Articles Publications 2010 Copyright and the First Amendment: Comrades, Combatants, or Uneasy Allies? Joseph P. Bauer Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the First Amendment Commons, and the Legal History Commons Recommended Citation Joseph P. Bauer, Copyright and the First Amendment: Comrades, Combatants, or Uneasy Allies?, 67 Wash. & Lee L. Rev. 831 (2010). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/375 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Copyright and the First Amendment: Comrades, Combatants, or Uneasy Allies? Joseph P. Bauer* Abstract The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, andperform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no law... abridging the freedom of speech or of the press," thus at least nominally indicating that limitations on the reproduction and distribution of works-including the works of others-areforbidden. Courts, including the U.S. Supreme Court in Eldred v. Ashicroft, have stated that these two regimes can be reconciled in large part by some mechanisms internal to the copyright system, and in particularthe fair use doctrine and the denial of copyright protection to facts and ideas.
    [Show full text]
  • Reflections on the 25Th Anniversary of Feist Publications, Inc. V. Rural Telephone Service Co
    Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 2017 Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. Tyler T. Ochoa Santa Clara University School of Law, [email protected] Craig Joyce University of Houston Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.scu.edu/facpubs Part of the Intellectual Property Law Commons Automated Citation Tyler T. Ochoa and Craig Joyce, Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. , 54 HOUS. L. REV. 257 (2017), Available at: https://digitalcommons.law.scu.edu/facpubs/961 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. Do Not Delete 11/22/2016 5:54 PM HISTORICAL ESSAY REACH OUT AND TOUCH SOMEONE: REFLECTIONS ON THE 25TH ANNIVERSARY OF FEIST PUBLICATIONS, INC. V. RURAL TELEPHONE SERVICE CO. **Craig Joyce & Tyler T. Ochoa*** ABSTRACT 2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status.
    [Show full text]
  • Congress's Power to Promote the Progress of Science: Eldred V. Ashcroft
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2002 Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft Lawrence B. Solum Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/879 http://ssrn.com/abstract=337182 36 Loy. L.A. L. Rev. 1-82 (2002) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, and the Intellectual Property Law Commons CONGRESS'S POWER TO PROMOTE THE PROGRESS OF SCIENCE: ELDRED V. ASHCROFT* Lawrence B. Solum** I. INTRODUCTION: ELDRED V. ASHCROFT ................................... 3 A. The Sonny Bono Copyright Term Extension Act ................. 4 B. ProceduralHistory ............................................................ 7 II. A TEXTUAL AND HISTORICAL ANALYSIS OF THE COPYRIGHT C LA U SE .......................................................................................... 10 A. The Structure of the Clause .................................................... 11 1. The parallel construction of the copyright and patent powers in the Intellectual Property Clause .................... 11 2. The structure of the Copyright Clause ........................... 12 * © 2002 by the Author. Permission is hereby granted to duplicate this Essay for classroom use and for the inclusion of excerpts of any length in edu- cational materials of any kind, so long as the author and original publication is clearly identified and this notice is included. Permission for other uses may be obtained from the Author. ** Visiting Professor of Law, University of San Diego School of Law and Professor of Law and William M. Rains Fellow, Loyola Law School, Loyola Marymount University.
    [Show full text]
  • The Origins and Meaning of the Intellectual Property Clause
    THE ORIGINS AND MEANING OF THE INTELLECTUAL PROPERTY CLAUSE Dotan Oliar* ABSTRACT In Eldred v. Ashcroft (2003) the Supreme Court reaffirmed the primacy of historical and textual considerations in delineating Congress’ power and limitations under the Intellectual Property Clause. Nevertheless, the Court overlooked what is perhaps the most important source of information regarding these considerations: The debates in the federal Constitutional Convention that led to the adoption of the Clause. To date, several unsettled questions stood in the way of identifying fully the legislative history behind the Clause. Thus, the Article goes through a combined historical and quantitative fact-finding process that culminates in identifying eight proposals for legislative power from which the Clause originated. Having clarified the legislative history, the Article proceeds to examine the process by which various elements of these proposals were combined to produce the Clause. This process of textual putting together reveals, among other things, that the text “promote the progress of science and useful arts” serves as a limitation on Congress’ power to grant intellectual property rights. The Article offers various implications for intellectual property doctrine and policy. It offers a model to describe the power and limitations set in the Clause. It examines the way in which Courts have enforced the limitations in the Clause. It reveals a common thread of non-deferential review running through Court decisions to date, for which it supplies normative justifications. It thus concludes that courts should examine in future and pending cases whether the Progress Clause’s limitation has been overreached. Since Eldred and other cases have not developed a concept of progress for the Clause yet, the Article explores several ways in which courts could do so.
    [Show full text]
  • Pimps and Ferrets Pimps and Ferrets: Copyright and Culture in the United States: 1831-1891
    Pimps and Ferrets Pimps and Ferrets: Copyright and Culture in the United States: 1831-1891 Version 1.1 September 2010 Eric Anderson Version 1.1 © 2010 by Eric Anderson [email protected] This work is licensed under the Creative Commons Attribution- Noncommercial 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/3.0/us/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA Some Rights Reserved A Note on this Book Humanities academics in the United States generally receive little payment from the sale of books they have written. Instead, scholars write in an economy of prestige, promotion, and duty. Prestige comes from publishing with a reputable university press, from being well-reviewed in important academic journals, and from the accolades of academic peers. For a professionally young academic in the humanities at a medium-ranked institution in the United States, a peer-reviewed book at a mid-ranked University Press is essential for tenure and promotion. The doctoral dissertation (sometimes quite heavily revised) typically forms the core of this first academic book and sometimes several additional articles. Occasionally maligned, the the usual alternative to tenure is termination. Promotion (i.e. from Assistant to Associate Professor) leads to job security and a ten or fifteen thousand dollar increase in annual salary. In this context, book royalties are a negligible incentive. This book is a lightly revised version of my doctoral dissertation, completed in December of 2007. After graduation, I submitted it to a small academic legal studies press, where it was favorably reviewed by the editor of that press and by a knowledgeable senior academic associated with the Press, and accepted for publication.
    [Show full text]
  • Guarding Against Abuse: the Costs of Excessively Long Copyright Terms
    GUARDING AGAINST ABUSE: THE COSTS OF EXCESSIVELY LONG COPYRIGHT TERMS By Derek Khanna* I. INTRODUCTION Copyrights are intended to encourage creative works through the mechanism of a statutorily created1 limited property right, which some prominent think tanks and congressional organizations have referred to as a form of govern- ment regulation.2 Under both economic3 and legal analysis,4 they are recog- * Derek Khanna is a fellow with X-Lab and a technology policy consultant. As a policy consultant he has never worked for any organizations that lobby or with personal stakes in copyright terms, and neither has Derek ever lobbied Congress. He was previously a Yale Law School Information Society Project Fellow. He was featured in Forbes’ 2014 list of top 30 under 30 for law in policy and selected as a top 200 global leader of tomorrow for spear- heading the successful national campaign on cell phone unlocking which led to the enact- ment of copyright reform legislation to legalize phone unlocking. He has spoken at the Con- servative Political Action Conference, South by Southwest, the International Consumer Electronics Show and at several colleges across the country as a paid speaker with the Fed- eralist Society. He also serves as a columnist or contributor to National Review, The Atlan- tic and Forbes. He was previously a professional staff member for the House Republican Study Committee, where he authored the widely read House Republican Study Committee report “Three Myths about Copyright Law.” 1 See Edward C. Walterscheld, Defining the Patent and Copyright Term: Term Limits and the Intellectual Property Clause, 7 J.
    [Show full text]
  • Legislative Department
    ARTICLE I LEGISLATIVE DEPARTMENT CONTENTS Page Section 1. Legislative Powers ................................................................................................... 63 Separation of Powers and Checks and Balances ............................................................. 63 The Theory Elaborated and Implemented ................................................................ 63 Judicial Enforcement .................................................................................................. 65 Bicameralism ...................................................................................................................... 70 Enumerated, Implied, Resulting, and Inherent Powers .................................................. 71 Delegation of Legislative Power ........................................................................................ 73 Origin of the Doctrine of Nondelegability ................................................................. 73 Delegation Which Is Permissible ............................................................................... 75 Filling Up the Details .......................................................................................... 76 Contingent Legislation ........................................................................................ 76 The Effective Demise of the Nondelegation Doctrine ............................................... 78 The Regulatory State ........................................................................................... 78
    [Show full text]
  • AUG ~ Supreme Court of the United States
    AUG ~ No. 10-94 In the Supreme Court of the United States WHITNEY HARPER, Petitioner, V. MAVERICK RECORDING COMPANY; UMG RECORDINGS INC.; WARNER BROTHERS RECORDS INC.; SONY BMG MUSIC ENTERTAINMENT, Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit BRIEF OF CHARLES NESSON, NED SNOW, RAY BECKERMAN, MICHAEL RUSTAD, RAYMOND KU, RALPH D. CLIFFORD, ROBERT HEVERLY, LLEWELLYN JOSEPH GIBBONS, MALLA POLLACK, AND CAROLINE WILSON AS AMICI CURIAE IN SUPPORT OF PETITIONER Charles Nesson Counsel of Record for Amici 1525 Massachusetts Ave., G501 Cambridge, MA 02138 (617) 495-4609 Blank Page MOTION OF AMICUS CURIAE FOR LEAVE TO FILE BRIEF IN SUPPORT OF PETITIONER Amici curiae respectfully move for leave of Court to file the accompanying brief. Counsel for both parties have been given notice and consented to its filing. As stated below in the full text of the Statement of Interest, Amici are professors, scholars, and practitioners of law who are concerned with the integrity of copyright law and with assuring that enforcement of copyright holders’ rights is justly balanced against considerations for those who might infringe unknowingly. Respectfully submitted, CHARLES NESSON Counsel of Record for Amici 1525 Massachusetts Ave., G501 Cambridge, MA 02138 (617) 495-4609 TABLE OF CONTENTS MOTION OF AMICUS CURIAE FOR LEAVE TO FILE BRIEF IN SUPPORT OF PETITIONER ....................................1 TABLE OF AUTHORITIES .................................................................3 STATEMENT OF INTEREST OF AMICI CURIAE ..............6 SUMMARY OF ARGUMENT .............................................................9 I. A Brief History of Innocent Infringement ..................14 A. The Introduction of Notice Requirements in Anglo-American Copyright Law ................................ 16 B. The Necessity of Culpable Mental State in EarlyStatute and Jurisprudence .............................
    [Show full text]
  • Section 24 - Renewal Rights, Survivors and Confusion
    Denver Law Review Volume 37 Issue 6 Article 4 May 2021 Section 24 - Renewal Rights, Survivors and Confusion John Rittenhouse Jr. Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation John Rittenhouse, Jr., Section 24 - Renewal Rights, Survivors and Confusion, 37 Dicta 368 (1960). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. DICTA NOVEMBER-DECEMBER 1960 SECTION 24-RENEWAL RIGHTS, SURVIVORS AND CONFUSION By JOHN RITTENHOUSE, JR.t This paper was awarded the First Prize of $150 in the 1960 Nathan Burkan Memorial Competition at the University of Denver College of Law and the Second Prize of $500 in the national copyright writing competition. It is published through the courtesy of the American Society of Composers, Authors and Publishers. I. INTRODUCTION Whereas printers, booksellers, and other persons have of late frequently taken the liberty of printing, reprinting, and publishing books without the consent of the authors and proprietors . to their very great detriment, and too often to the ruin of them and their families; for preventing such practices for the future, and for the encouragement of learned men to compose and write useful books, be it en- acted ... -Act of 8 Anne, ch. 19 (1710). England in the days of Queen Anne foresaw the burgeoning of the fields of literary endeavor on a scale not theretofore known to the world.
    [Show full text]
  • Eldred V. Ashcroft: a Critical Analysis of the Supreme Court Decision
    DePaul Journal of Art, Technology & Intellectual Property Law Volume 13 Issue 1 Spring 2003 Article 7 Eldred v. Ashcroft: A Critical Analysis of the Supreme Court Decision Jaime Davids Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Jaime Davids, Eldred v. Ashcroft: A Critical Analysis of the Supreme Court Decision, 13 DePaul J. Art, Tech. & Intell. Prop. L. 173 (2003) Available at: https://via.library.depaul.edu/jatip/vol13/iss1/7 This Case Notes and Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Davids: Eldred v. Ashcroft: A Critical Analysis of the Supreme Court Deci ELDRED V. ASHCROFT: A CRITICAL ANALYSIS OF THE SUPREME COURT DECISION "A page of history is worth a volume of logic."' I. INTRODUCTION On October 9, 2002, Brewster Kahle parked his green Ford Aerostar outside the United States Supreme Court building. Washington D.C. was one of many places where Kahle - armed with a satellite dish, a laptop, high-speed printer, book cutter and bookbinder - printed public domain books for free from his Bookmobile. On his cross-country journey he stopped at public schools, libraries, universities, mobile home parks, and retirement homes connecting users to an online library, consisting solely of public domain works, where they can choose, download and print a book. Inside the courthouse, the case of Eldred v.
    [Show full text]
  • Berkeley Technology Law Journal
    BERKELEY TECHNOLOGY LAW JOURNAL VOLUME 25 NUMBER 3 SYMPOSIUM 2010 TABLE OF CONTENTS SYMPOSIUM: COPYRIGHT @ 300 KEYNOTE ADDRESS: HAPPY BIRTHDAY STATUTE OF ANNE: THE DANCE BETWEEN THE COURTS AND CONGRESS.. .............................. 1145 Hon. M. MargaretMcKeown THE COPYRIGHT PRINCIPLES PROJECT: DIRECTIONS FOR REFORM................... 1175 Pamela Samuelson and Members of The CPP THE UNTOLD STORY OF THE FIRST COPYRIGHT SUIT UNDER THE STATUTE OF ANNE IN 1710 ........................................... 1247 H. Tomds Gdme-Arostegui ALL CHANGE FOR THE DIGITAL ECONOMY: COPYRIGHT AND BUSINESS MODELS IN THE EARLY EIGHTEENTH CENTURY....................... 1351 IsabellaAlexander THE INVENTION OF COMMON LAW PLAY RIGHT.......... ............... 1381 Jessica Litman THE ADVENTURES OF THE STATUTE OF ANNE IN THE LAND OF UNLIMITED POSSIBILITIES: THE LIFE OF A LEGAL TRANSPLANT ............ 1427 Oren Bracha "THE SOLE RIGHT... SHALL RETURN TO THE AUTHORS": ANGLO- AMERICAN AUTHORS' REVERSION RIGHTS FROM THE STATUTE OF ANNE TO CONTEMPORARY U.S. COPYRIGHT ....................... ........... 1475 Lionel Bently & Jane C Ginsburg SUBSCRIBER INFORMATION The Berkeley Technolog Law Journal (ISSN1086-3818), a continuation of the High Technolog Law journal effective Volume 11, is edited by the students of the University of California, Berkeley School of Law (Boalt Hall), and published four times each year (May, August, November, February) by the Regents of the University of California, Berkeley. Journal Publications, School of Law. Periodicals Postage Rate Paid at Berkeley, CA 94704-9998, and at additional mailing offices. POSTMASTER: Send address changes to Journal Publications, 2850 Telegraph Avenue, Suite 561 #7220, Berkeley, CA 94705-7220. Correspondence. Address all correspondence regarding subscriptions, address changes, claims for non-receipt, single copies, advertising, and permission to reprint to Journal Publications, 2850 Telegraph Avenue, Suite 561 #7220 Berkeley, CA 94705-7220; (510) 643-6600; JournalPublications@ law.berkeley.edu.
    [Show full text]
  • Arthur Miller
    No. 18-956 In the Supreme Court of the United States GOOGLE LLC, Petitioner, v. ORACLE AMERICA, INC., Respondent. On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit BRIEF OF AMICUS CURIAE PROFESSOR AND FORMER CONTU MEMBER ARTHUR R. MILLER IN SUPPORT OF RESPONDENT THEODORE STEVENSON, III Counsel of Record CHELSEA A. PRIEST PATRICK PIJLS MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, TX 75201 (214) 978-4974 [email protected] TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... II INTEREST OF AMICUS CURIAE ............................ 1 SUMMARY OF ARGUMENT ..................................... 2 I. Nothing Has Changed Since CONTU Addressed Many of the Issues Before This Court ................................................................. 3 II. Congress Has Accorded Copyright Protection to Functional Works Since 1790 ...................... 8 III. If a Work Becomes a Standard Form of Expression, Copyright Law Does Not Deny Protection Via Copyrightability or a Fair Use Defense ............................................................ 14 CONCLUSION .......................................................... 19 (I) II TABLE OF AUTHORITIES Page(s) Cases Apple Comput., Inc. v. Franklin Comput. Corp., 714 F.2d 1240 (3d Cir. 1983) ......................... 11, 12 Baker v. Selden, 101 U.S. 99 (1879) ................................................ 10 Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) .................................................. 8 Eales v. Envtl. Lifestyles, Inc., 958 F.2d 876 (9th Cir. 1992) .................................. 9 Howell v. Miller, 91 F. 129 (6th Cir. 1898) ........................................ 9 Perris v. Hexamer, 99 U.S. 674 (1878) .............................................. 8, 9 Rockford Map Publ’rs v. Directory Serv. Co. of Colo., 768 F.2d 145 (7th Cir. 1985) ............................ 9, 13 Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984) .............................................
    [Show full text]