Copyright Law

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Essay
Sedlik v. Drachenberg: Is a Body Merely a Canvas?
David Doktorman
David Doktorman is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Matthew Makowski, Renic Sloan, Annie Kors, and the University of Chicago Law Review Online team.

Tattooing is on the rise. No longer the taboo it once was, more and more Americans are opting to ink themselves as a mode of self-expression.

Intellectual Property
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Comment
Intellectual Property Norms in American Theater
Kelly Gregg
B.A. 2015, Stanford University; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to the editors of the University of Chicago Law Review, especially Will Strench, Conley Hurst, Henry Walter, and Tyler Wood.

Professor Robert Ellickson has proposed that a close-knit community will develop rules, customs, and traditions addressing property that maximize the group’s welfare—independent of government intervention.

Online
Essay
Ninth Circuit Renames Copyright Estoppel the Asserted Truths Doctrine
Yiwei Jiang
Yiwei Jiang is a staff member of The University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2022. She received her B.S. in chemical engineering from the California Institute of Technology in 2018.

A copyright ruling on the Broadway hit “Jersey Boys” paves the way for creators to make projects that are based on a true story.

Intellectual Property
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Essay
86.2
Toward the Personalization of Copyright Law
Adi Libson
Assistant Professor, Bar-Ilan University School of Law
Gideon Parchomovsky
Robert G. Fuller Jr Professor of Law, University of Pennsylvania Law School
The dominant justification for copyright protection is that it is necessary to remedy an underproduction problem that arises from the public-good nature of expressive works.
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Article
86.2
Algorithmic Fair Use
Dan L. Burk
Chancellor’s Professor of Law, University of California, Irvine; 2017–2018 US-UK Fulbright Cybersecurity Scholar.

My thanks to members of the Oxford Internet Institute’s Digital Ethics Lab, participants in the Cambridge Faculty of Law CIPIL Intellectual Property Seminar Series, participants in the session on “Data Commons, Privacy, and Law” at the ECREA Digital Culture and Communication Section Conference, as well as to Oren Bracha,Pamela Samuelson, and participants in the CyberProf listserv conversation on algorithmic fair use for helpful discussion in preparation of this Essay. Portions of this research were made possible by support from the US-UK Fulbright Commission.

Law, like other human artifacts, is costly to produce, to distribute, and to apply.

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Comment
84.3
Associational Standing under the Copyright Act
Andreas M. Petasis
BA 2013, University of Southern California; JD Candidate 2018, The University of Chicago Law School

Imagine an author. One day, she sees a website that allows users to annotate short stories in an innovative way, providing a variety of short stories with which to experiment. As she peruses the site, she finds that some of the stories are actually hers.

Associational Standing Copyright Intellectual Property
2
Article
83.3
The Dual-Grant Theory of Fair Use
Abraham Bell
Professor of Law, Bar-Ilan University Faculty of Law and University of San Diego School of Law.
Gideon Parchomovsky
Robert G. Fuller Jr Professor of Law, University of Pennsylvania Law School; Professor, Bar-Ilan University Faculty of Law.

Earlier versions of this Article were presented at the 2015 Intellectual Property Scholars Conference; the University of Pennsylvania Law School Center for Technology, Innovation and Competition’s 2015 Copyright Scholarship Roundtable; a workshop on the Oxford Handbook on Intellectual Property at Tel Aviv University; the Fourth Global Congress on Intellectual Property and the Public Interest at the National Law University, Delhi, India; and the 2015 annual conferences of the Association of Law, Property, and Society and the International Society for New Institutional Economics. This Article greatly benefited from the comments and criticisms of participants in those conferences, as well as from those of Larry Alexander, Shyamkrishna Balganesh, Oren Bracha, Ben Depoorter, Kristelia García, Jane Ginsburg, Brad Greenberg, Paul Heald, Justin Hughes, Roberta Kwall, Orly Lobel, Glynn Lunney, David McGowan, Joseph Miller, Justine Pila, Lisa Ramsey, Terrence Ross, Guy Rub, Matthew Sag, Pam Samuelson, Maimon Schwarzschild, Ted Sichelman, Steve Smith, Horacio Spector, Christian Turner, Chris Wonnell, and Christopher Yoo; and from excellent research assistance from Ananth Padmanabhan. We are especially grateful to Wendy Gordon for critical comments and constructive suggestions and for encouraging us to carefully rethink our original positions.

I.  Current Understandings of Fair Use

A.    The Market-Failure Understanding of Fair Use

Copyright Intellectual Property Law and Economics

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