Hoisting Originality: A Response

10 Pages Posted: 3 Mar 2010 Last revised: 24 May 2012

Date Written: March 2, 2010


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.

Keywords: Intelletual Property, Copyright, Patent, Originality

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: https://ssrn.com/abstract=1562794

Roberta Rosenthal Kwall (Contact Author)

DePaul University - College of Law ( email )

Center for Intellectual Property Law & Information
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Chicago, IL 60604-2287
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