NYU Law Engelberg Center on Innovation Law & Policy

Two weeks from today we'll be kicking off "Health Care at Reasonable Cost: The Hatch-Waxman Act at 40 and Beyond," a MASSIVE 2 day symposium exploring the state of the Act today. https://lnkd.in/eBT7RyUC Robert A. Armitage & Alfred Engelberg will discuss the goals of the Act with Katherine Strandburg Scott Hemphill & Bhaven Sampat will empirically evaluate the Act with Margaret Kyle Michael Frakes, Emily Marden, Nicholson Price, S. Sean Tu, Melissa Wasserman, & Bruce M. Wexler will extend the Hatch-Waxman Act's model Becca Kelly Slaughter & Daniel Francis will consider the current moment Anisha Dasgupta, Henry Hadad, Steve Shadowen, Eric Stock, & Scott Hemphill will protect the Act from anticompetitive gaming (if anticompetitive gaming is a threat) Rebecca Eisenberg, Richard Kingham, Reshma Ramachandran, & Christopher Morten will shed light on the neglected goal of transparency Richard Epstein, Erika Lietzan, Lisa Larrimore Ouellette, Steve Pearson, Rachel Sachs, & Daniel Hemel will negotiate drug prices David Kappos, Aaron S. Kesselheim, M.D., J.D., M.P.H., & Rochelle Dreyfuss will use March-in Rights and § 1498 AND Donald Beers, Alfred Engelberg, Abbe Gluck, Arti Rai, Ameet Sarpatwari, & Michael Weinberg will consider what is next

We're thrilled to announce that FTC Commissioner Rebecca Kelly Slaughter will be joining us for a fireside chat as part of Heath Care at Reasonable Cost on 9/26 & 26. Get your tickets today! https://lnkd.in/eBT7RyUC

Very excited to announce that I will be co-chairing the American Library Association CLEAN (Copyright Legislation and Advocacy Network) committee for 2024-2026 with the indomitable Kathleen Loebig DeLaurenti! 🎉 Thanks so much to the Committee on Legislation and Edward Garcia for thinking of us. Looking forward to leading this committee in the next few years! If you have any suggestions or questions (or are interested in joining), please get in touch. (Photo from this year’s “Copyright Help Booth,” brainchild of Kyle K. Courtney and always one of the most popular and photogenic parts of the conference)

Once again, our podcast recording of a "how do music experts analyze songs in copyright infringement lawsuits?" panel has been targeted for a takedown by WMG on Spotify. This is the 4th time it has happened (+1 time on youtube) https://lnkd.in/gKz-m8q3

Coming this fall: Health Care at Reasonable Cost: The Hatch-Waxman Act at 40 and Beyond https://lnkd.in/eBT7RyUC Join the Engelberg Center September 26 and 27 for a symposium exploring what worked, what didn't, and what the next 40 years may have in store. Featuring: Robert A. Armitage & Alfred B. Engelberg in conversation with Katherine Strandburg discussing the goals of the Act Scott Hemphill, Baven Sampat (ASU), & Margaret Kyle sharing an empirical evaluation of the Act Michael Frakes, Emily Marden, Nicholson Price, S. Sean Tu (WVU College of Law), Melissa Wasserman, & Bruce M. Wexler exploring extending the Act's model Anisha Dasgupta (FTC), Henry Hadad, Steve Shadowen (Hillard Shadowen), Eric Stock, & Scott Hemphill debating protecting the Act from anticompetitive gaming Rebecca Eisenberg (Michigan Law), Christopher Morten, Reshma Ramachandran, & Rochelle Dreyfuss shining light on the Act's neglected goal of transparency Richard Epstein (NYU Law), Erika Lietzan, Lisa Larrimore Ouellette, Steve Pearson, Rachel Sachs, & Daniel Hemel describing drug price negotiations Aaron S. Kesselheim, M.D., J.D., M.P.H., Kathleen M. O'Malley, & Christopher Morten considering March-in Rights and § 1498 and Donald Beers (Arnold & Porter), Alfred B. Engelberg, Abbe Gluck, Arti Rai, Ameet Sarpatwari, & Michael Weinberg imagining what's next CLE credit is pending. More info & tickets available at: https://lnkd.in/eBT7RyUC

Jeanne Fromer and I are pleased to announce the release of Copyright Law: Cases and Materials v6.0, our freely-licensed copyright textbook, which has been adopted at over 80 law schools (that we know of) so far. You can download it for free at www.copyrightbook.org. You can also purchase a paperback copy on Amazon (for about $21, at cost): https://lnkd.in/eggh_vYR. We have made a number of changes for v6.0. Among them: We have integrated in a number of places helpful material from the Restatement of Copyright. We hope that this guidance from the Restatement will help students navigate some tough areas of copyright doctrine. We have revised and added additional note material to keep up with developments, especially in the intersection of copyright law and artificial intelligence, including on the idea-expression distinction, authorship, and fair use. In Chapter V, we have cut down the Supreme Court's decision in Kirtsaeng v. John Wiley & Sons, Inc. to extended excerpts together with a discussion on the importation right and the first-sale doctrine. We have added brief discussion of several new judicial decisions in the areas of moral rights, public performance, and preemption. We have restructured the section in Chapter VI on appropriation art to focus more on the Supreme Court's decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (which we have edited down further) and less on the Second Circuit's pre-Warhol decisions Finally, we have updated the information on the DMCA triennial review process, as well as the decisions of the Copyright Royalty Board. We hope you will consider adopting our book, which can be used for a 4-credit introductory copyright class, but is also readily adapted to 3- and 2-credit courses. We’ve also posted updated draft syllabi, model slides, and sample exams on our faculty resources page (https://lnkd.in/e4aQXH_9). Please email us (jeanne.fromer@nyu.edu; christopher.sprigman@nyu.edu) for login credentials if you’re interested in potentially adopting the book. We want to thank the many professors and students who have given us comments which helped us improve the book, in both this and prior editions!

At long last, here's a new paper on "Amazon's Quiet Overhaul of the Trademark System," forthcoming in the California Law Review, by Mark McKenna and me. It's about how Amazon's business model and Brand Registry have dramatically changed how often businesses seek to file U.S. trademark registrations and the types of marks that they adopt. https://lnkd.in/ewHjubJC

I am very happy to share that my article “Elaborating a Human Rights friendly Copyright Framework for Generative AI” has now been published in Open access in the IIC - International Review of Intellectual Property and Competition Law and will be forthcoming in print in Issue 7 this summer. I has been a long journey which benefited greatly from my stay as Global Law Visiting Professor at NYU last Fall and of the input received when presenting draft versions of it at the NYU Law Engelberg Center on Innovation Law & Policy ; at the Spangenberg Center for Law, Technology & the Arts at Case Western Reserve University School of Law (Cleveland), and at WCL PIJIP, American University Washington College of Law (Washington D.C.), but also from the very fruitful discussions at Luiss Guido Carli University with colleagues and visiting scholars working on IP, Human Rights and AI. It is part of a bigger effort to establish a research stream on innovation law and ethics. More to come very soon on this.

I am stepping down as co-chair of this committee because I believe that publishers and their affiliated trade associations are more interested in undermining NISO and the committee's mission to develop a technical standard for digital lending. We affirm the library’s right to lend and promoting equitable digitization practices in libraries using open standards and protocols. These publishers have no interest in finding a solution for CDL that respects the rights of libraries, authors, publishers, and readers. Read my statement:

Today, Library Futures published a Principles on Library Ownership document that affirms choice and equity in the acquisition of digital books. This work kicked off in October when we gathered a group of lawyers and library technologists to discuss the possibility of creating a usable ownership framework for books. Over the past few months, we've worked with our community in a collaborative process to publish these principles, and I am so glad to have been trusted to put them out. Thank you in particular to Lila Bailey and Micah May for spearheading this process! We're looking forward to seeing how these principles get used in practice. Thank you also to Charlie Barlow (Boston Library Consortium), Maria Bustillos (journalist and founding editor of Brick House Cooperative), Rebecca Chambers (UC Berkeley Project LEND), Greg Cram (New York Public Library), David Hansen (Authors Alliance), Nate Hill (METRO), Michael Weinberg (NYU Engelberg Center), Michelle Wu (former dean of Georgetown Law Library) and Yuliya Ziskina (Ebook Study Group) for your work. https://lnkd.in/eFNZC9aS