Parent Categories
Property Law
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Book Review: Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective
January 25, 2024
Rebecca Tushnet, Book Review: Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective (Mario Baigioli, Peter Jaszi & Martha Woodmansee eds., 2011),…
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Copyright Law, Fan Practices, and the Rights of the Author
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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?
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
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
January 25, 2024
Bruce Keller & Rebecca Tushnet, Even More Parodic Than the Real Thing: Parody Lawsuits Revisited, 94 Trademark Rep. 979 (2004).