Prof. Justin Hughes, Loyola Law School, Los Angeles January 29, 2015 Last month, The Hill, a Capitol Hill news source, published an op-ed piece by a Los Angeles entertainment attorney, Dina LaPolt. The basic arguments of LaPolt’s “Copyrights different than patents, trademarks” (TheHill.com, Dec. 10, 2014) are that the U.S. Copyright Office “employees are ... [...]
Prof. Justin Hughes,* Cardozo School of Law, Yeshiva University August 5, 2013 On June 28, 2013, a new, quite extraordinary multilateral intellectual property treaty came into existence. The Marrakesh Treaty to Facilitate Access to Published Works for the Blind – the treaty’s full title is even longer – is the world’s only IP treaty dedicated [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University December 13, 2011 One of the troubling things about intellectual property discourse – whether policy discussions in Washington or law review articles on Westlaw – is that arguments (particularly the ones that get repeated over and over) often do not get the kind of scrutiny, analysis, [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University September 22, 2011 Patents, copyrights OR trademarks – that’s easy. Patents, copyrights, AND trademarks – that’s more difficult. Vexing issues often arise when a party claims that the same thing or same interest is protected by more than one form of intellectual property. Our general rule [...]
by Prof. Justin Hughes, Cardozo School of Law, Yeshiva University March 25, 2010 A constitutional, but really badly named legal doctrine In her contributions to this series, Professor Jane Ginsburg has explored the termination-of-transfer provisions in American copyright law. The author’s power to reclaim her copyright 35 years after she agreed to its transfer is [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University March 25, 2010 A constitutional, but really badly named legal doctrine In her contributions to this series, Professor Jane Ginsburg has explored the termination-of-transfer provisions in American copyright law. The author’s power to reclaim her copyright 35 years after she agreed to its transfer is an [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University October 2, 2009 Last week, Federal Communications Commission Chairman Julius Genachowski gave an address at The Brookings Institution in which he proposed that the FCC’s position on “net neutrality” be strengthened and deepened – through converting four existing principles into rules and adding two new net [...]
Prof. Jane C. Ginsburg, Columbia University School of Law* Aug. 14, 2009 The recent controversy over the publication of a new, and altered, edition of Ernest Hemingway’s memoir of his early days in Paris, A Moveable Feast (see, e.g., the New York Times account), inspires this exploration of the legal consequences of an heir’s reworking [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University July 20, 2009 [This is the third and final essay in a series about copyright in the 2008 presidential campaign.] In the first two essays of “Election Copyright” we considered musicians trying to use copyright to protect their reputational and “personality” interests, then how the originality [...]
Prof. Justin Hughes, Cardozo School of Law, Yeshiva University May 6, 2009 [This is the second in a series about copyright in the 2008 presidential campaign.] The 2008 presidential election had more than its share of copyright disputes involving the candidates. In the first essay in this series (April 14) we explored the most familiar [...]