First Amendment Neglect in Supreme Court Intellectual Property Cases.

Autor: Lemley, Mark A., Tushnet, Rebecca
Předmět:
Zdroj: Supreme Court Review; 2024, Vol. 2023 Issue 1, p85-123, 39p
Abstrakt: The article reviews the U.S. Supreme Court's non-invocation of the First Amendment in Intellectual Property (IP) cases. The Court ruled that reworkings of photographs into stylized images were not transformative, and that parodies of existing shapes did not deserve special protection for the trademark of products. The article states that the Court was inconsistent in other areas of speech, and that this could leave room for a trend of judicial discretion in individual cases.
Databáze: Complementary Index