Intellectual Property

2
Article
82.3
Our Divided Patent System
John R. Allison
Mary John and Ralph Spence Centennial Professor of Business Administration, McCombs School of Business, The University of Texas at Austin
Mark A. Lemley
William H. Neukom Professor of Law, Stanford Law School; partner, Durie Tangri LLP
David L. Schwartz
Professor of Law and Co-director, Center for Empirical Studies of Intellectual Property, IIT Chicago-Kent College of Law
Empirical Analysis Intellectual Property Patent
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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