42 Pages Posted: 28 Feb 2013
Date Written: February 28, 2013
For appropriation art of all types to survive an infringement inquiry, the resulting work must be creative, original, and transformative. However, the line between uses deemed infringing or fair is far from bright, at least in exante determinations by second-generation creators who rely on copyright limitations in the creative process. Accordingly, this Article examines the role that “reverse engineering” and other policies and doctrines have played in the inventive context to protect the “space” such second-generation innovators require to build upon and around existing inventions that justify the patent monopoly. Further, this Article explores how patent policy better protects and encourages that space than does copyright, theoretically and in practice.
Keywords: copyright, intellectual property, internet, digital technology, infringement, patent
JEL Classification: K10
Suggested Citation: Suggested Citation
Evans, Tonya M., Reverse Engineering IP (February 28, 2013). Marquette Intellectual Property Law Review, Vol. 17, No. 1, 2013; Widener Law School Legal Studies Research Paper No. 13-22. Available at SSRN: https://ssrn.com/abstract=2226558
By Susy Frankel