Intellectual Property

Description from publisher: Choreographing Copyright provides a historical and cultural analysis of U.S.-based dance-makers' investment in intellectual property rights. Although federal copyright law in the U.S. did not recognize choreography as a protectable class prior to the 1976 Copyright Act, efforts to win copyright protection for dance began eight decades earlier. In a series of case studies stretching from the late nineteenth century to the early twenty-first, the book reconstructs those efforts and teases out their raced and gendered politics. Rather than chart a narrative of progress, the book shows how dancers working in a range of genres have embraced intellectual property rights as a means to both consolidate and contest racial and gendered power. A number of the artists featured in Choreographing Copyright are well-known white figures in the history of American dance, including modern dancers Loie Fuller, Hanya Holm, and Martha Graham, and ballet artists Agnes de Mille and George Balanchine. But the book also uncovers a host of marginalized figures - from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane - who were equally interested in positioning themselves as subjects rather than objects of property, as possessive individuals rather than exchangeable commodities. Choreographic copyright, the book argues, has been a site for the reinforcement of gendered white privilege as well as for challenges to it. Drawing on critical race and feminist theories and on cultural studies of copyright, Choreographing Copyright offers fresh insight into such issues as: the raced and gendered hierarchies that govern the theatrical marketplace, white women's historically contingent relationship to property rights, legacies of ownership of black bodies and appropriation of non-white labor, and the tension between dance's ephemerality and its reproducibility

Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses-sensitive to their particular cultural, competitive, and technological circumstances-to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process.

Publisher's Description

Description from publisher, Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.

Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

Description from publisher, "This work provides best practices for resolving transnational intellectual property disputes. These principles adapt traditional legal concepts to the world of the Internet and foster coordination among jurisdictions. The work covers personal and subject matter jurisdiction, title and transfer rights, and recognition and enforcement of foreign judgments."

Widely appreciated by attorneys and inventors for its clear, uncomplicated approach to a complex field, Patent Law: A Practitioner’s Guide gives you a solid working knowledge of the legal framework governing patents, including:

Developments under the America Invents Act
Federal regulations and court decisions
The widely accepted four-step test used by the courts to determine an invention’s patentability
The various tests used to indicate direct infringement and other patent violations
Drafting techniques used to prepare the full variety of documents, including specifications and claims
Patent Law features numerous time-saving sample forms • flowcharts, diagrams and tables that quickly enhance your understanding of key patent law issues • and hypothetical questions (with answers) that help prepare you for the real-world challenges of patent prosecution.

Updated at least once a year, Patent Law: A Practitioner’s Guide is a valuable guide for patent specialists and other intellectual property lawyers, corporate counsel and executives, inventors, and general practitioners representing inventors.

Publisher's Description

Description from publisher: "The landscape of copyright law has changed dramatically since the last edition of Understanding Copyright Law. During the past several years both the Congress and the courts have tried to adapt copyright law to the new, interactive (internet 2.0) digital technologies, such as You-Tube, and Facebook, and to efforts like the Google Book Search Project.
This new edition of Understanding Copyright Law has incorporated all the recent case law and legislative developments, focusing on the challenges of the digital age. Written with clarity and precision, this edition of Understanding Copyright Law remains the most accessible and comprehensive text for students of copyright law."

There have been a number of important developments in U.S. intellectual property law since the third edition of Understanding Intellectual Property Law was published. Congress enacted the Defend Trade Secrets Act of 2016 to provide a federal civil cause of action for misappropriation of trade secrets for the first time. It also enacted the Music Modernization Act of 2018, which extends the compulsory license for musical works by creating a blanket license for digital music providers and provides federal protection to sound recordings fixed before February 15, 1972. And, of course, courts continue to work through the implications of earlier statutory revisions, such as the landmark America Invents Act of 2011. The Supreme Court has remained active in reviewing intellectual property cases during the past four years, deciding eighteen patent cases, four copyright cases, and five trademark cases. In addition, the federal Courts of Appeals decided more than 1000 patent cases, 230 copyright cases, and nearly 300 trademark and false advertising cases during that time. Having been updated to reflect this new material, the fourth edition of Understanding Intellectual Property Law covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. Amazon Description

Understanding Intellectual Property Law, 2nd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: Patents, Trade Secrets, Copyright, Trademarks, and Other Intellectual Property Rights.

Information from publisher, This Understanding treatise provides important and comprehensive coverage to complement the study of patent law, and is suitable for use with any patent law casebook. Understanding Patent Law features:
• Up-to-date coverage of all major patent law topics, including the requirements to obtain a U.S. patent right, post-grant procedures, claim construction methods and procedures, all patent infringement theories, defenses to an infringement suit, international considerations, and an overview of the legislative, regulatory, and court systems that govern the creation, issuance, and enforcement of the right;
• Overviews and examples which illustrate the application of the most abstract and complex doctrines;
• Clear and concise summaries of the major cases, including straightforward descriptions of the technology at issue;
• Clear organization and writing to enhance understanding of all concepts and covered in patent and intellectual property courses; and
• Discussions of the policy and historical underpinnings of the primary patent law doctrines.

This treatise is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses. Publisher's description.