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