Notice of preexisting rights plays a critical role in resource planning. This article focuses on the history, role, institutions, costs, and efficacy of notice within the domain of expressive creativity. It distinguishes between two sets of copyright notice challenges: tracing of copyright...

The Supreme Court’s decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor...