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Abstract:
In the past two decades, copyright protection throughout the world has been greatly expanded to respond to challenges posed by new communications technologies and copyrightable subject matters. As protection has increased, the growing power of copyright owners has also led to market abuses that stifle competition and innovation. In response to these abuses, courts, litigants, policy makers, and commentators have increasingly embraced competition law, the doctrines of copyright misuse and unclean hands, and tort law concepts as counter-balancing tools. This article discusses four different types of abuse that has occurred in the copyright area and examines the various legal doctrines that have been employed by Canadian and U.S. courts to resolve cases involving such abuse.

The first section discusses the limited monopolies of copyright owners and the various safeguards that have been built into the copyright system. Using five recent cases - four in the United States and one in Canada - this Part highlights the growing abuse of copyright by its owners in recent years. The second section discusses the uneasy relationship between copyright law and the law of monopolies. It explores four categories of abuse cases and how the law has been applied in these cases. The final section examines legal doctrines that lie outside competition law, but have yet to be used to deal with copyright abuse. In particular, this Part discusses the doctrines of copyright misuse and unclean hands and the claims of abuse of process and tortious interference.

Abstract:
During recent years, there has been a debate over the constitutionality of a moral rights regime in the United States. Although this debate has focused on Congress's powers, another issue lies largely unaddressed: the question of whether moral rights law might violate the First Amendment. Recent Supreme Court rulings sustaining copyright against a free speech challenge do not necessarily apply to the question of moral rights.

This article explores the issue, and concludes that most of the moral rights currently in force satisfy the limits of the First Amendment. The discussion considers both the federal moral rights set out in VARA and other statutes and state moral rights laws. Unlike the few others who have addressed the subject - most of whom seem to assume that a single analysis applies to all moral rights - the article explores several First Amendment doctrines, including commercial speech, defamatory speech, and content-neutral speech.

moral rights, copyright, free speech, first amendment

Abstract:
This paper explores various reasons why Congress might elect to protect the traditional knowledge and traditional cultural expression of Indian tribes. It also addresses whether Congress would have the constitutional authority to enact such legislation.

Abstract:
This article explores the legacy of the Supreme Court's 1879 decision in Trade-mark Cases in the field of intellectual property law. But it explores that legacy from a somewhat unorthodox perspective; namely, by imagining what might have happened had the Court decided the case the opposite way. Opening that imaginary door reveals some interesting possibilities. At the very least, a different result in Trade-mark Cases would have dramatically altered the course of United States trademark law. In addition, depending on the reasoning the Court employed to reach a contrary holding, much of federal intellectual property law might look quite different than it does today. On tis latter point, the article questions the Court's axiom that creativity is a sine qua non of federal protection under the Intellectual Property Clause.

Abstract:
Because the international intellectual property is based on a purely territorial model, a party who desires to obtain intellectual property rights in multiple jurisdictions must seek protection in each nation. This system creates unique and largely unforeseen problems involving the attorney client privilege. Although the party will be conveying much of the same information to legal counsel in all nations in which she seeks protection, the attorney-client privilege rules in various nations differ significantly. This paper, which will be presented at the INTA conference in May, 2009, explores the problem and critiques one proposed solution.