In crafting the Copyright Act of 1976, Congress brokered a grand compromise between authors and publishers so as to bring about a unitary term of protection. Authors obtained an inalienable right to terminate transfers 35 years after an assignment, subject to designated carve outs for nine...

This case turns on whether the Supreme Court’s 1984 decision in Sony conclusively resolves at the summary judgment stage the present dispute – involving strikingly different technology that was unimaginable at the time that the Sony case was decided. Although some of the language used in the...

The Supreme Court should grant review of the Federal Circuit's decisions in Oracle v. Google for two compelling sets of reasons. First, the Federal Circuit's decisions conflict with this Court's seminal decision in Baker v. Selden, 101 U.S. 99 (1879), misinterpret Congress's codification of this...

The Aereo case presented two fundamental showdowns: one between the cable industry and a charismatic disruptive technology and the other between textualists and jurists seeking to vindicate legislative intent. Much of the media attention surrounding the case focused on the former. But it was the...

For a century, Congress has sought to protect authors and their families by allowing them to grant their copyrights for exploitation and then, decades later, recapture those same rights. After judicial interpretation of the 1909 Act frustrated this intent, Congress spoke unambiguously in 1976:...

Why a competitive people strategy matters -- Strategy- how to compete and win -- Building a differentiated people strategy -- Leaders everywhere -- Developing a winning culture -- Talent attraction -- Employee experience -- Change and transformation -- Great people management -- Developing the...

From its earliest manifestations, copyright law has struggled to deal with the equitable and efficient division of value and control between creators and the enterprises that distribute their works. And for almost as long as copyright has existed, there has been concern about creators getting...

The nature and extent of competition between different therapies for a given medical condition often is an important and controversial issue in both antitrust cases and general strategic analysis in the pharmaceutical industry. The market for pulmonary arterial hypertension ('PAH') therapies...