Can a buyer of copyrighted works abroad import them into the United States or resale them? This question is currently pending before the Supreme Court in Kirtsaeng v. John Wiley & Sons.The parties' positions in this case as well as the Justices' questions during oral argument included extensive...

As government policies across the country try to encourage more environmentally friendly buildings, the next green issue facing the owners of the completed structure is obtaining the proper insurance coverage to protect their investment. A typical property insurance policy covers the costs to...

This chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different...

This paper presents the phenomenon of crowdfunding — one of the newest approaches to financing the production of cultural works. While being a rather revolutionary alternative to traditional publishers, record labels, and other cultural producers, crowdfunding poses several interesting...

This paper criticizes a Lockean approach to copyright, which sees an author's right as the natural entitlement to the fruits of her labour. The author's contention is that the Lockean account mistakenly finds the justification for copyright in the relationship between an author and her work,...

Starting in 2013, authors of copyrighted work and their successors will be able to terminate every assignment and license 35 years after execution. These termination rights are inalienable and are expected to have a substantial impact on some industries, and in particular, the music...

This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law and the substantive rules of the common law...

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....