Parent Categories
Property Law
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Copyright Law, Fan Practices, and the Rights of the Author
October 19, 2022
Rebecca Tushnet, Copyright Law, Fan Practices, and the Rights of the Author, in Fandom: Identities and Communities in a Mediated World 77 (Jonathan Gray, Cornel…
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Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark
October 19, 2022
Rebecca Tushnet, Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark, 116 Yale L.J. Pocket Part 352 (2007).
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Unfair Competition and Uncommon Sense
October 19, 2022
Rebecca Tushnet, Unfair Competition and Uncommon Sense, 95 Iowa L. Rev. Bull. 17 (2009)(A comment on Mark P. McKenna, Testing Modern Trademark Law’s Theory of…
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Surveying Recent Scholarship on Fair Use: A Conversation
October 19, 2022
Peter Decherney (with Rebecca Tushnet, Jessica Silbey & Bill Herman), Surveying Recent Scholarship on Fair Use: A Conversation, 52 Cinema J. 138 (2013).
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How Many Wrongs Make a Copyright?
October 19, 2022
Rebecca Tushnet, How Many Wrongs Make a Copyright?, 98 Minn. L. Rev. 2346 (2014) (In response to Derek Bambauer, Exposed, 98 Minn. L. Rev. 2025…
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Free to Be You and Me? Copyright and Constraint
October 19, 2022
Rebecca Tushnet, Free to Be You and Me? Copyright and Constraint, 128 Harv. L. Rev. F. 125 (2015)(In response to Joseph P. Fishman, Creating Around…
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Rebecca Tushnet, Creating in the Shadow of the Law: Media Fans and Intellectual Property, in 1 Intellectual Property and Information Wealth: Issues and Practices in…
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Truth and Advertising: The Lanham Act and Commercial Speech Doctrine
October 19, 2022
Rebecca Tushnet, Truth and Advertising: The Lanham Act and Commercial Speech Doctrine, in Trademark Law and Theory: A Handbook of Contemporary Research 294 (Graeme B.
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Stolen Valor and Stolen Luxury
October 19, 2022
Rebecca Tushnet, Stolen Valor and Stolen Luxury, in The Luxury Economy and Intellectual Property: Critical Reflections 121 (Haochen Sun, Barton Beebe & Madhavi Sunder eds.,…
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Fair Use’s Unfinished Business
October 19, 2022
Rebecca Tushnet, Fair Use’s Unfinished Business, 15 Chi.-Kent J. Intell. Prop. 399 (2016).
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Rebecca Tushnet, Make Me Walk, Make Me Talk, Do Whatever You Please: Barbie and Exceptions, in Intellectual Property at the Edge: The Contested Contours of…
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Transformative Works: Young Women’s Voices on Fandom and Fair Use
October 19, 2022
Betsy Rosenblatt & Rebecca Tushnet, Transformative Works: Young Women’s Voices on Fandom and Fair Use, in eGirls, eCitizens: Putting Technology, Theory and Policy into Dialogue…
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The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity
October 19, 2022
Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in Diversity in Intellectual Property: Identities, Interests, and Intersections 294 (Irene…
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Copyright Law, Fan Practices, and the Rights of the Author
October 19, 2022
Rebecca Tushnet, Copyright Law, Fan Practices, and the Rights of the Author, in Fandom: Identities and Communities in a Mediated World 60 (Jon Grey, Cornel…
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Intellectual Property as a Public Interest Mechanism
October 19, 2022
Rebecca Tushnet, Intellectual Property as a Public Interest Mechanism, in The Oxford Handbook of Intellectual Property Law (Rochelle Dreyfuss & Justine Pila eds., 2017).
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The Indian Arts and Crafts Act: The Limits of Trademark Analogies
October 19, 2022
Rebecca Tushnet, The Indian Arts and Crafts Act: The Limits of Trademark Analogies, in Indigenous Intellectual Property: A Handbook of Contemporary Research (Matthew Rimmer ed.,…
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Architecture and Morality: Transformative Works, Transforming Fans
October 19, 2022
Rebecca Tushnet, Architecture and Morality: Transformative Works, Transforming Fans, in Creativity Without Law: Challenging the Assumptions of Intellectual Property 171 (Kate Darling & Aaron Perzanowski…
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Legal Fictions: Copyright, Fan Fiction, and a New Common Law
October 19, 2022
Rebecca Tushnet, Legal Fictions: Copyright, Fan Fiction, and a New Common Law, 17 Loy. L.A. Ent. L.J. 651 (1997).
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Rebecca Tushnet, Copyright as a Model for Free Speech Law: What Copyright Has in Common with Campaign Finance Reform, Hate Speech and Pornography Regulation, and…
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Even More Parodic Than the Real Thing: Parody Lawsuits Revisited
October 19, 2022
Bruce Keller & Rebecca Tushnet, Even More Parodic Than the Real Thing: Parody Lawsuits Revisited, 94 Trademark Rep. 979 (2004).
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Rebecca Tushnet, Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It, 114 Yale L.J. 535 (2004).
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Rebecca Tushnet, My Library: Copyright and the Role of Institutions in a Peer-to-Peer World, 53 UCLA L. Rev. 977 (2006).
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My Fair Ladies: Sex, Gender, and Fair Use in Copyright
October 19, 2022
Rebecca Tushnet, My Fair Ladies: Sex, Gender, and Fair Use in Copyright, 15 Am. U. J. Gender Soc. Pol’y & L. 273 (2007).
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Domain and Forum: Public Space, Public Freedom
October 19, 2022
Rebecca Tushnet, Domain and Forum: Public Space, Public Freedom, 30 Colum. J.L. & Arts 597 (2007).
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I Put You There: User-Generated Content and Anticircumvention
October 19, 2022
Rebecca Tushnet, I Put You There: User-Generated Content and Anticircumvention, 12 Vanderbilt J. Ent. & Tech. L. 889 (2010).
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Rebecca Tushnet, Running the Gamut from A to B: Federal Trademark and False Advertising Law, 159 U. Pa. L. Rev. 1305 (2011).
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How to Suppress Women’s Remix
October 19, 2022
Francesca Coppa & Rebecca Tushnet, How to Suppress Women’s Remix, 77 Camera Obscura 131 (2011).
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Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters
October 19, 2022
Rebecca Tushnet, Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters, 6 ISJLP 1 (2010).
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Rebecca Tushnet, Fighting Freestyle: The First Amendment, Fairness, and Corporate Reputation, 50 B.C. L. Rev. 1457 (2009).
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Economies of Desire: Fair Use and Marketplace Assumptions
October 19, 2022
Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions, 51 Wm. & Mary L. Rev. 513 (2009).
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Power Without Responsibility: Intermediaries and the First Amendment
October 19, 2022
Rebecca Tushnet, Power Without Responsibility: Intermediaries and the First Amendment, 76 Geo. Wash. L. Rev. 986 (2008).
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User-Generated Discontent: Transformation in Practice
October 19, 2022
Rebecca Tushnet, User-Generated Discontent: Transformation in Practice, 31 Colum J.L. & Arts 497 (2008).
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It Depends on What the Meaning of “False” Is: Falsity and Misleadingness in Commercial Speech Doctrine
October 19, 2022
Rebecca Tushnet, It Depends on What the Meaning of “False” Is: Falsity and Misleadingness in Commercial Speech Doctrine, 41 Loy. L.A. L. Rev. 227 (2007).
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Gone in 60 Milliseconds: Trademark Law and Cognitive Science
October 19, 2022
Rebecca Tushnet, Gone in 60 Milliseconds: Trademark Law and Cognitive Science, 86 Tex. L. Rev. 507 (2008).
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Sight, Sound and Meaning: Teaching Intellectual Property with Audiovisual Materials
October 19, 2022
Rebecca Tushnet, Sight, Sound and Meaning: Teaching Intellectual Property with Audiovisual Materials, 52 St. Louis U. L.J. 891 (2007).
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Naming Rights: Attribution and Law
October 19, 2022
Rebecca Tushnet, Naming Rights: Attribution and Law, 2007 Utah L. Rev. 781.
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Payment in Credit: Copyright Law and Subcultural Creativity
October 19, 2022
Rebecca Tushnet, Payment in Credit: Copyright Law and Subcultural Creativity, 70 L. & Contemp. Probs. 135 (2007).
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Trademark Law as Commercial Speech Regulations
October 19, 2022
Rebecca Tushnet, Trademark Law as Commercial Speech Regulations, 58 S. Carolina L. Rev. 737 (2007).
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Towards Symmetry in the Law of Branding
October 19, 2022
Rebecca Tushnet, Towards Symmetry in the Law of Branding, 21 Fordham Intell. Prop. Media & Ent. L.J. 971 (2011).
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Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children
October 19, 2022
Rebecca Tushnet, Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children, 86 Notre Dame L. Rev. 2133 (2011).
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Looking at the Lanham Act: Images in Trademark and Advertising Law
October 19, 2022
Rebecca Tushnet, Looking at the Lanham Act: Images in Trademark and Advertising Law, 49 Houston L. Rev. 861 (2011).
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Worth a Thousand Words: The Images of Copyright Law
October 19, 2022
Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright Law, 125 Harv. L. Rev. 683 (2012).
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The Eye Alone is the Judge: Images and Design Patents
October 19, 2022
Rebecca Tushnet, The Eye Alone is the Judge: Images and Design Patents, 19 J. Intell. Prop. L. 409 (2012).
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Judges as Bad Reviewers: Fair Use and Epistemological Humility
October 19, 2022
Rebecca Tushnet, Judges as Bad Reviewers: Fair Use and Epistemological Humility, 25 Law & Literature 20 (2013).
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Performance Anxiety: Copyright Embodied and Disembodied
October 19, 2022
Rebecca Tushnet, Performance Anxiety: Copyright Embodied and Disembodied, 60 J. Copyright Soc’y U.S.A. 209 (2013).
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All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing
October 19, 2022
Rebecca Tushnet, All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing, 29 Berkeley Tech. L.J. 1447 (2014).
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More than a Feeling: Emotion and the First Amendment
October 19, 2022
Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment, 127 Harv. L. Rev. 2392 (2014).
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Content, Purpose, or Both?
October 19, 2022
Rebecca Tushnet, Content, Purpose, or Both?, 90 Wash. L. Rev. 869 (2015).
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A Mask that Eats into the Face: Images and the Right of Publicity
October 19, 2022
Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity, 38 Colum. J.L. & Arts 157 (2015).
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What’s the Harm of Trademark Infringement?
October 19, 2022
Rebecca Tushnet, What’s the Harm of Trademark Infringement?, 49 Akron L. Rev. 627 (2015).