Papers

Papers

  • Joined: March 4, 2014
  • Articles: 346

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law

[João Quintais] Abstract: The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment.

Copyright and Creative Incentives: What We Know (and Don’t)

[Christopher Jon Sprigman] Abstract: The dominant justification for copyright in the United States is consequentialist. Without copyright, it is claimed, copyists will compete away the profits from new artistic and literary creativity, thereby suppressing incentives to create new artistic and literary works in the first place. This is a sensible theory. But is it true? On that question, we have little evidence.

Trade Secrets and Innovation: Evidence from the ‘Inevitable Disclosure’ Doctrine

[Paper by Andrea Contigiani, Iwan Barankay and David H. Hsu] Abstract: Does heightened employer-friendly trade secrecy protection help or hinder innovation? By examining U.S. state-level legal adoption of a doctrine allowing employers to curtail inventor mobility if the employee would “inevitably disclose” trade secrets, we investigate the impact of a shifting trade secrecy regime on individual-level patenting outcomes...

Copyright Reversion to Authors (and the Rosetta Effect): An Empirical Study of Reappearing Books

[Paper by Paul Heald] This study compares the availability of books whose copyrights are eligible for statutory reversion under US law with books whose copyrights are still exercised by the original publisher. It finds that 17 USC § 203, which permits reversion to authors in year 35 after publication, and 17 USC § 304, which permits reversion 56 years after publication, significantly increase in-print status for important classes of books.

Data Commons for Food Security

Jeremiah Baarbé, Meghan Blom, Jeremy de Beer Proceedings of the 2017 IASC Conference Open AIR Working Paper No. 7/17 Full text on SSRN Executive Summary: Agricultural and nutritional data is an increasingly vital resource in the advancement and innovation of farmer…