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Hoisting Originality: A Response


Roberta Rosenthal Kwall


DePaul University - College of Law

March 2, 2010

DePaul Journal of Art, Technology & Intellectual Property Law, Vol. 20, pg. 1, 2009
The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 10-003

Abstract:     
This commentary originally appeared as part of the inaugural Virtual Workshop sponsored by the Intellectual Property Institute at the University of Richmond School of Law. The workshop featured a paper entitled Hoisting Originality (now published at Cardozo Law Review, Vol. 31, p. 451, 2009) by Professor Joseph Miller, along with two commentaries on the paper. My commentary examines and responds to Miller's argument that the standard for copyright law's originality requirement should be "hoisted" and thus analogized to that present in patent law.

Number of Pages in PDF File: 10

Keywords: Intelletual Property, Copyright, Patent, Originality

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Date posted: March 3, 2010 ; Last revised: May 24, 2012

Suggested Citation

Kwall, Roberta Rosenthal, Hoisting Originality: A Response (March 2, 2010). DePaul Journal of Art, Technology & Intellectual Property Law, Vol. 20, pg. 1, 2009; The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 10-003. Available at SSRN: http://ssrn.com/abstract=1562794

Contact Information

Roberta Rosenthal Kwall (Contact Author)
DePaul University - College of Law ( email )
Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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