‘Seeing Like a Copyright Lawyer: Judging Similarity in Copyright Cases’

Shyamkrishna Balganesh, Irina D Manta and Tess Wilkinson‐Ryan, Judging Similarity, 100 Iowa Law Review (forthcoming 2014); Kate Klonick, Comparing Apples to Applejacks: Cognitive Science Concepts of Similarity Judgment and Derivative Works, 64 Journal of the Copyright Society USA 365 (2013). There are many ways to use empirical research in intellectual property scholarship. Work can be qualitative or quantitative, interdisciplinary or highly focused on the law. One of the most intriguing questions I’ve seen investigated empirically of late is ‘what makes us think that one work is similar enough to a previous one to infringe?’. Given the significant expansion in the scope of copyright from pure reproduction to derivative works and substantially similar works, this is an important issue …” (more)

[Rebecca Tushnet, JOTWELL, 9 September]

First posted 2014-09-09 11:53:41

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