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Intellectual Property Law and Future Shock
No full textBarton Beebe, the John M. Desmarais Professor of Intellectual Property Law at New York University, delivers the 2022 David L. Lange Lecture on Intellectual Property. Professor Beebe is a co-director of the Engelberg Center on Innovation Law & Policy at NYU and the author of Trademark Law: An Open-Source Casebook, a free digital trademark law textbook now in use in 70 law schools around the world
Intellectual Property Law and Future Shock
No full textBarton Beebe, the John M. Desmarais Professor of Intellectual Property Law at New York University, delivers the 2022 David L. Lange Lecture on Intellectual Property. Professor Beebe is a co-director of the Engelberg Center on Innovation Law & Policy at NYU and the author of Trademark Law: An Open-Source Casebook, a free digital trademark law textbook now in use in 70 law schools around the world
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
The Constitutional basis for trademark parodies in India and South Africa
No full textThis chapter discusses two noteworthy cases involving trademark parodies—the decision of the South African Constitutional Court in the Laugh It Off case and an order of the Delhi High Court in Tata v. Greenpeace, which relied on the former. Both cases are good examples of a “constitutionalization” approach toward IP rights. In Laugh It Off, the court disagreed with the decisions of the Supreme Court of Appeal and the Cape High Court, and permitted the sale of a t-shirt ridiculing a famous beer brand. In Greenpeace, the court refused to prevent Greenpeace from using an online game to highlight alleged environmental violations of Tata, one of India’s best-known corporations. In both cases, the courts placed primacy on free speech principles. However, Greenpeace stands out for not merely involving a trademark infringement claim but also a defamation claim, and further concerning noncommercial use. The chapter accordingly considers the relevance of Greenpeace, in which a final order is still pending, in today’s context of “meme warfare.
Search and Persuasion in Trademark Law
Get PDFThe consumer, we are led to believe, is the measure of all things in trademark law. Trademarks exist only to the extent that consumers perceive them as designations of source. Infringement occurs only to the extent that consumers perceive one trademark as referring to the source of another. The most intellectual of the intellectual properties, trademarks are a property purely of consumers\u27 minds. The simple idealist ontology underlying trademark law is largely responsible for the law\u27s characteristic instability. Since 1992, the Supreme Court has considered - and in some cases, reconsidered - seven trademark cases. The Court\u27s copyright cases garner the media and celebrity attention, but it is the trademark cases that most clearly express the unsteady state, the entre deux temps condition, of current American intellectual property law. There is a reason for this. Trademark law is arguably the most difficult of the intellectual property laws to contemplate, and its outcomes when applied to facts are the most difficult to predict. This is because it requires a form of what John Keats called negative capability, the capability, more specifically, to think through the consumer and see the marketplace only as the consumer sees it. From the beginning, trademark law has sought to resist the negative capability called for by its underlying idealism. It has sought to limit the dependence of the object of the law, the trademark, on the vagaries of the subject of the law, the consumer. In doing so, the law has embraced an ideal type of the subject. Just as copyright doctrine has based itself upon a largely mythical author construct, so trademark doctrine has based itself upon a largely mythical consumer construct. Where the former describes an impossibly romantic producer, however, the latter describes an impossibly utilitarian consumer. Both figures are conceived of as sovereigns, that is to say, as egoists, but where the sovereign author is inspired, even capricious in her egoism, the sovereign consumer is a utility maximizing agent of unbounded rational choice. By means of a mechanical procedure of search, which trademarks are said to facilitate, she satisfies exogenously determined preferences, on which trademarks are said to have no effect. Her psychology is understood to be predictable, administrable, and ultimately ameliorative. The sovereign consumer is the antithesis of and eliminates the need for negative capability
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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