David E. Shipley

University of Georgia School of Law

225 Herty Drive

Athens , GA 30602

United States

SCHOLARLY PAPERS

18

DOWNLOADS
Rank 16,997

SSRN RANKINGS

Top 16,997

in Total Papers Downloads

6,217

TOTAL CITATIONS

2

Scholarly Papers (18)

1.

Thin But Not Anorexic: Copyright Protection for Compilations and Other Fact Works

UGA Legal Studies Research Paper No. 08-001, Journal of Intellectual Property Law, Vol. 15, No. 1, 2007
Number of pages: 52 Posted: 21 Dec 2007 Last Revised: 04 Oct 2015
David E. Shipley
University of Georgia School of Law
Downloads 2,148 (15,568)

Abstract:

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Feist, Copyright, Compilations

2.

Due Process Rights Before EU Agencies: The Rights of Defense

Georgia Journal of International and Comparative Law, Vol. 37, No. 1, 2008, UGA Legal Studies Research Paper No. 08-013
Number of pages: 52 Posted: 26 Dec 2008
David E. Shipley
University of Georgia School of Law
Downloads 895 (57,124)

Abstract:

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EU, Due process, Right to be heard

3.

The Empty Promise of VARA: The Restrictive Application of a Narrow Statute

Mississippi Law Journal, Forthcoming, UGA Legal Studies Research Paper No. 2013-20
Number of pages: 78 Posted: 27 Jun 2013 Last Revised: 04 Oct 2015
David E. Shipley
University of Georgia School of Law
Downloads 797 (66,866)

Abstract:

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Visual Artists Rights Act, intellectual property, Bern Convention, Copyright Act, moral rights, art, artist rights, VARA, copyright

4.

The Preliminary Injunction Standard in Diversity: A Typical Unguided Erie Choice

Georgia Law Review, Forthcoming, UGA Legal Studies Research Paper No. 2016-29
Number of pages: 60 Posted: 12 Aug 2016
David E. Shipley
University of Georgia School of Law
Downloads 523 (114,641)

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Erie Railroad Co. v. Tompkins, civil procedure, jurisdiction, choice of law, preliminary injunction, Federal Rule 65, interlocutory injunctions, forum shopping

5.

The Architectural Works Copyright Protection Act at Twenty: Has Full Protection Made a Difference?

Journal of Intellectual Property Law, Vol. 18, pp. 1-61, 2010
Number of pages: 62 Posted: 16 Aug 2012
David E. Shipley
University of Georgia School of Law
Downloads 363 (175,354)
Citation 1

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Architectural Works Copyright Protection Act, Intellectual Property, Copright Law

6.

Congressional Authority Over Intellectual Property Policy after Eldred V. Ashcroft: Deference, Empty Limitations and Risks to the Public Domain

University of Georgia Legal Studies Research Paper No. 06-011, Albany Law Review, Forthcoming
Number of pages: 57 Posted: 09 Nov 2006
David E. Shipley
University of Georgia School of Law
Downloads 222 (291,668)

Abstract:

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Copyright, Eldred, Feist,

7.

Derivative Works and Making Sense of the Maxim that 'Others are Free to Copy the Original. They are Not Free to Copy the Copy.'

44 University of Dayton Law Review 231 (2019), University of Georgia School of Law Legal Studies Research Paper No. 2018-41
Number of pages: 43 Posted: 29 Oct 2018 Last Revised: 19 Jun 2019
David E. Shipley
University of Georgia School of Law
Downloads 221 (292,977)

Abstract:

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copyright, intellectual property, derivative works, preexisting work, creativity, originality, Copyright Act

8.

Droit De Suite, Copyright’s First Sale Doctrine and Preemption of State Law

Hastings Communications and Entertainment Law Journal, Forthcoming, UGA Legal Studies Research Paper No. 2016-34
Number of pages: 42 Posted: 07 Oct 2016
David E. Shipley
University of Georgia School of Law
Downloads 202 (319,057)
Citation 1

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copyright, intellectual property, California Resale Royalty Act, Copyright Act, Estate of Robert Graham v. Sotheby’s, Inc. Supremacy Clause, preemption, first-sale doctrine

9.

A Transformative Use Taxonomy: Making Sense of the Transformative Use Standard

Wayne Law Review, Forthcoming, University of Georgia School of Law Legal Studies Research Paper No. 2017-26
Number of pages: 80 Posted: 07 Sep 2017
David E. Shipley
University of Georgia School of Law
Downloads 137 (446,054)

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Intellectual Property, Transformative Use, Fair Use, Copyright Act, Copyright, Campbell v. Acuff-Rose Music, Derivative Works, Protected Works

10.

All for COPYRIGHT Stand Up and Holler! Three Cheers for Star Athletica and the U.S. Supreme Court’s Perceived and Imagined Separately Test

Cardozo Arts & Entertainment Law Journal, Forthcoming, University of Georgia School of Law Legal Studies Research Paper No. 2017-25
Number of pages: 44 Posted: 07 Sep 2017
David E. Shipley
University of Georgia School of Law
Downloads 122 (488,985)

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Artistic Features, Intellectual Property Law, Copyright, Patents, Fashion, Apparel, Design, Star Athletica, Mazer v. Stein, Two- or Three-Dimensional Work, Art, Trademark, Trade Dress, Industrial Design, Pictorial Works, Graphical Works, Sculptural Works, Copyright Act

11.

Code Revision Commission v. Public.Resource.Org and the Fight Over Copyright Protection for Annotations and Commentary

Georgia Law Review, Forthcoming, University of Georgia School of Law Legal Studies Research Paper 2019-22
Number of pages: 36 Posted: 01 Aug 2019
David E. Shipley
University of Georgia School of Law
Downloads 120 (495,288)

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copyright, code, statutes, law, annotations, Official Code of Georgia Annotated, merger doctrine, Supremacy Clause, intellectual property, LexisNexis, work for hire

12.

Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 or 28 U.S.C. § 1927 as an Alternative to Awarding Attorney's Fees Under Section 505 of the Copyright Act

Journal of Intellectual Property Law, Forthcoming, UGA Legal Studies Research Paper No. 2016-30
Number of pages: 46 Posted: 12 Aug 2016
David E. Shipley
University of Georgia School of Law
Downloads 111 (525,232)

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attorney's fees, Rule 11, Kirtsaeng v. John Wiley & Sons, Copyright Act, copyright infringement, frivolous claim, intellectual property, civil procedure, sanctions, fee shifting, bad faith, Section 1927, 17 U.S.C. §505

13.

Architects, Artists, Photographers, Property Owners, the Public and Their Rights: Reconciling VARA, the AWCPA, and Copyright Fundamentals

University of Georgia School of Law Legal Studies Research Paper No. 02, 2023, AIPLA Quarterly Journal, Forthcoming
Number of pages: 44 Posted: 09 Jan 2023 Last Revised: 12 May 2023
David E. Shipley
University of Georgia School of Law
Downloads 96 (586,115)

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Copyright law, VARA, AWCPA, visual art, architectural works

14.

The Right to Trial by Jury Shall Remain Inviolate: Jury Trials in Civil Actions in Georgia’s Courts

Journal of Southern Legal History, Vol. 30, 2024, University of Georgia School of Law Legal Studies Research Paper Forthcoming
Number of pages: 51 Posted: 13 Feb 2024
David E. Shipley
University of Georgia School of Law
Downloads 60 (758,899)

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jury, civil litigation, Georgia Constitution, Seventh Amendment, tort reform, legal history

15.

Another Round for Petrella v. MGM, Laches, and Raging Bull: Resolving the Circuit Split Over Copyright's Statute of Limitations

University of Georgia School of Law Legal Studies Research Paper No. 2023-12, Journal of Intellectual Property Law, Forthcoming
Number of pages: 48 Posted: 14 Nov 2023
David E. Shipley
University of Georgia School of Law
Downloads 56 (785,123)

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Copyright, statute of limitations, Sohm v. Scholastic, Petrella v. MGM, Starz, laches, Warner Chappell Music, lookback period

16.

The Chevron Two-Step in Georgia’s Administrative Law

Georgia Law Review, Vol. 46, No. 4, 2012, UGA Legal Studies Research Paper No. 12-4
Number of pages: 65 Posted: 02 Apr 2012 Last Revised: 04 Oct 2015
David E. Shipley
University of Georgia School of Law
Downloads 56 (785,123)

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Administrative Law, Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., Georgia, Administrative Agencies, Governing Statute, Judicial Deference

17.

Protecting the Public Domain and the Right to Use Copyrighted Works: Four Decades of the Eleventh Circuit’s Copyright Law Jurisprudence

Journal of Intellectual Property Law, Vol. 29, 2021, University of Georgia School of Law Legal Studies Research Paper No. 2021-13
Number of pages: 65 Posted: 27 Aug 2021 Last Revised: 10 Dec 2021
David E. Shipley
University of Georgia School of Law
Downloads 48 (844,099)

Abstract:

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copyright, public domain, eleventh circuit

18.

The Status of Administrative Agencies Under the Georgia Constitution

Georgia Law Review, Vol. 40, p. 1109, 2006
Number of pages: 62 Posted: 05 Jan 2012
David E. Shipley
University of Georgia School of Law
Downloads 40 (912,831)

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Administrative Law, Georgia, Constitution