Jewish Process Thought and Copyright Policy

What is the scope of copyright protection for copyrighted works that are designed to be continually developing? Can fluid works of authorship even be capable of copyright protection? Not much has been said or written about how copyright should address works of authorship that are, by their very essence, continually in progress or otherwise subject to change on an ongoing basis. In 2011, the Seventh Circuit grappled with a work subject to change. In Kelley v. Chicago Park District, the court held that a living garden of wildflowers composed of two enormous elliptical flowerbeds did not embody the type of authorship with fixation capable of supporting copyright protection. As a result of this ruling, the court also held that the garden was not protectable under the Visual Artists Rights Act (VARA), which requires a copyrightable work as its predicate for protection. This talk with Professor Roberta Kwall relied on Kelley as a springboard to discuss certain critical issues of copyright law and policy that, until this case, have largely been overlooked in the discourse. It focused specifically on the Jewish tradition’s version of Process Thought to inform our copyright policy concerning how we define eligible works of authorship and determine their appropriate scope of protection.

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Professor Kwall's Articles Listed Among Most Cited, Top Downloads

Professor Roberta Kwall’s article "Inspiration and Innovation: The Intrinsic Dimension of the Artistic Soul" (Notre Dame Law Review) appears in the recently released list of the most cited IP articles published over the last 10 years. This article and "Author-Stories: Narrative's Implications for Moral Rights and Copyright's Joint Authorship Doctrine" (Southern California Law Review) also are included in SSRN's all-time top 10 download list for Philosophy Research Network: Aesthetic Experience, Judgment, Value.

14th Annual IP Scholars Conference

Professors Joshua Sarnoff and Stefania Fusco participated in the 14th Annual Intellectual Property Scholars Conference (IPSC) held at Berkeley Center for Law and Technology (BCLT) at the UC Berkeley School of Law on August 7 and 8, 2014.

CIPLIT Hosts Third International IP Scholars Roundtable and Hosier Scholar Lecture

On May 1 and 2, 2014, 22 senior scholars from the United States and various other countries held a roundtable at DePaul on international intellectual property law issues.

Professor Sarnoff Named Edison Scholar

Professor Joshua Sarnoff has been appointed a Thomas Alva Edison Visiting Scholar for the United States Patent and Trademark Office (USPTO).

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