Intellectual Property: Law & the Information Society - Cases & Materials: An Open Casebook: 6th Edition 2024

By James Boyle and Jennifer Jenkins

Intellectual Property: Law & the Information Society - Cases & Materials 6th edition (2024). This open coursebook is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks--from logos to novels to drug formulæ--and the exceptions and limitations that deFine those rights. It focuses on the main forms of US federal intellectual property--trademark, copyright and patent, with a chapter on trade secrecy--but many of the ideas discussed here apply far beyond those legal areas and the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited, copied and shared, it is also suitable for undergraduate classes, or for a business, library studies, communications or other graduate school class. A free downloadable version can be found at the Duke Center for the Study of the Public Domain website. Each chapter contains a clear introduction to the Field, cases and secondary readings illustrating the structure and conicts in the theory and doctrine of intellectual property, followed by questions to test the student's understanding. Chapters are built around a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument, with the students asked to take the place of the lawyers, to exercises counseling clients about how search engines and trademarks interact, to discussions of the First Amendment's application to Digital Rights Management or the Supreme Court's rulings on gene patents. This edition also features an entirely new discussion of generative AI, which is introduced theoretically, compared historically to other disruptive technologies, and then presented through a detailed problem exercise on fair use. The theoretical readings include Locke, Twain, Hugo, and Macaulay, but also Jessica Litman, John Perry Barlow and Cory Doctorow. This edition is current as of July 1, 2024. It includes the recent Supreme Court decisions in Vidal v. Elster, Andy Warhol Foundation for the Visual Arts v. Goldsmith and Jack Daniel's Properties v. VIP Products , as well as updates on patent law's troubled jurisprudence on subject matter limitations. The book provides teaching aids--doctrinal flow charts and checklists which help guide the student through the material and explain the process of analysis. This edition begins with a preface explaining how the COVID-19 pandemic showed the human importance--but also the intellectual fascination and complexity--of the questions the course covers. James Boyle is William Neal Reynolds Professor of Law at Duke Law School, the former Chairman of the Board of Creative Commons and winner of the Electronic Frontier Foundation's Pioneer Award for digital civil liberties. His other books include The Public Domain: Enclosing the Commons of the Mind, Shamans, Software and Spleens: Law and the Construction of the Information Society and two educational graphic novels, Bound By Law and Theft: A History of Music (with Jennifer Jenkins). His most recent book, The Line: AI & the Future of Personhood , will be published by MIT Press in November 2024. Jennifer Jenkins is Clinical Professor of Law at Duke Law School and the Director of the Center for the Study of the Public Domain. Her articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day and Last Sale? Libraries' Rights in the Digital Age . She is the co-author, with James Boyle, of Bound By Law and Theft! A History of Music , and Mark of the Devil: The University as Brand Bully. Her new book, Music Copyright, Creativity, and Culture, will be published in 2025 by Oxford University Press.

• Format: Paperback
• Language: English
• ISBN: B0DB6FM1QB
• ISBN13: 9798334068735
• Release Date: July 2024
• Publisher: Independently published
• Length: 820 Pages
• Dimensions: 10.0" x 1.9" x 8.0"