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21 Feb 2013, 9:25 am by Rebecca Tushnet
  Rebecca Tushnet: my interests lie specifically in noncommercial production, so I’m interested in protecting those sources of production from being suppressed or crowded out by commercialization: crowding out is, among other things, a risk of substitution of one, worse incentive for a better source of creativity. [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. [read post]
14 Feb 2020, 9:52 am by Rebecca Tushnet
  Cox is a good case: they failed to enforce even a toothless repeat infringer policy.Professor Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law SchoolDownload TestimonyI would like to start with some perhaps surprising numbers that illustrate what §512 has meant for creativity and innovation online. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
 Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech I’m going to talk fast so you have maximum time to yell at me. [read post]
22 Feb 2022, 9:13 am by Rebecca Tushnet
Organization for Transformative Works, Rebecca Tushnet: The Organization for Transformative Works (“OTW”) is a nonprofit established to protect and defend fans and fanworks from commercial exploitation and legal challenge. [read post]
17 Jan 2014, 10:17 am by Rebecca Tushnet
Rebecca Tushnet, The Yes Men and the Women Men Don't SeeI begin with a claim that is likely to be demoralizing, but also reveals some interesting features of privacy: In practice, Americans and many other Westerners care more about privacy as against their neighbors than they do about privacy as against their governments. [read post]
30 Jun 2023, 2:11 am by Rebecca Tushnet
Impulse Statement: Rebecca Tushnet Benchmarking: spam detection—interesting that until a political party got interested there was no inquiry into reliability, and still no standard for spam detection quality other than “don’t screen out political fundraising. [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
Rebecca Tushnet: I do teach registration first. [read post]
27 Sep 2019, 6:00 am by Rebecca Tushnet
Rebecca Tushnet, Harvard University, session chairGraham Dutfield, The evolving role of branding in pharmaceutical management: how should competition law respond? [read post]
9 Aug 2013, 11:44 am by Rebecca Tushnet
Wendy Gordon, Dissemination Must Serve Authors: How the US Supreme Court Erred Commentator: Rebecca Tushnet In Eldred and then Golan, the Supreme Court accepted the proposition that copyright expansion retrospectively extending the term and clawing back certain works from the public domain could be justified not as incentivizing authors, but rather as incentivizing certain distributors to invest in distributing the newly repropertized works. [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
Rebecca Tushnet, Harvard Law School, On PufferyPuffery is a concept that purports to be about things consumers ignore and don’t rely on. [read post]
17 Apr 2015, 10:45 am by Rebecca Tushnet
 Rebecca Tushnet, Georgetown My skin in the game: helped found the Organization for Transformative Works: a concept that has been taken up by many nonlegal fans to explain what it is they do when they make fanworks based on, but exploring and often critiquing, their favorite media properties. [read post]
16 May 2018, 11:03 am by Camilla Alexandra Hrdy
One of my favorite events at Akron Law this past school year was hearing Professor Mark McKenna deliver the Oldham Lecture on his fascinating paper, Criminal Trademark Enforcement And The Problem Of Inevitable Creep. [read post]
8 Aug 2013, 1:41 pm by Rebecca Tushnet
Rebecca Tushnet What is a derivative work is somewhat mysterious, especially given the expansion of the reproduction right. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the… [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
 Rebecca Tushnet Organization for Transformative WorksThe over 600,000 registered creators on our site who’ve posted over 2 million works, and our small all volunteer coding and legal teams, appreciate the opportunity to participate. [read post]
17 Sep 2020, 2:40 pm by Bridget Crawford
Hill ProfJulieHill Alabama       Shalini Ray shalbharg Alabama immigration professional responsibility civil procedure Adam Steinman Adam_Steinman Alabama       Joyce Vance joycewhitevance Alabama Criminal Law/Procedure Criminal Justice Reform, Civil Rights   Andy Ayers ABlakesleeAyers Albany Immigration Admin Government Ray Brescia rbrescia Albany Access to Justice and Technology Inequality   Ted De Barbieri TedDeBarbieri Albany Community Economic Development… [read post]
23 Jan 2015, 4:44 am by Bridget Crawford
Below the fold is Version 3.0 of the census of law prof Twitter users. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Hill ProfJulieHill Alabama       Shalini Ray shalbharg Alabama immigration professional responsibility civil procedure Adam Steinman Adam_Steinman Alabama       Joyce Vance joycewhitevance Alabama Criminal Law/Procedure Criminal Justice Reform, Civil Rights   Andy Ayers ABlakesleeAyers Albany Immigration Admin Government Ray Brescia rbrescia Albany Access to Justice and Technology Inequality   Ted De Barbieri TedDeBarbieri Albany Community Economic Development… [read post]
24 Feb 2023, 1:27 pm by Rebecca Tushnet
UCLA School of Law Mark Janis: 1st day of TM: students’ experience of brands as used by owners & 3rd parties is so disconnected from the historical traditions of TM. [read post]