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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CIPLIT hosted the Third International IP Scholars Roundtable and Hosier Scholar Lecture on May 1 - 2, 2014.

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

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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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15th Annual Niro Distinguished IP Lecture.

"How to Retain Patent Enforcement While Reforming It – Judges and Counsel Should Manage Infringement Suits, not Congress"

Honorable Paul R Michel(Ret.)
Chief Judge, U.S. Court of Appeals for the Federal Circuit

Commentator, Honorable James F Holderman
U.S. District Court, Northern District of Illinois

To view the video of this discussion, please click here.

In August 2013, four members of CIPLIT faculty participated in the 13th annual IP Scholars Conference, which originated at DePaul in 2000.

Professor Roberta Kwall opened the conference with a talk about the history of the conference and the top 10 things law faculty can do to enhance their career potential in this new reality of legal education. Professor Margit Livingston presented her paper on Copyright Infringement of Music: Determining Whether What Sounds Alike Is Alike. Professor Josh Sarnoff commented on Victoria Stodden’s paper, Software Patents as a Barrier to Scientific Transparency: An Unexpected Consequence of Bayh-Dole. Professor Fusco spoke about The Origins of Patent Examination in the Venetian Republic.

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