Tuesday, January 02, 2007

Deep thought

Low-protectionists in IP like to talk about "standing on the shoulders of giants." How come we never ask what the giants think? Maybe they're saying "Ow. Ow. Get the %^&* off my shoulders!"

Following up my previous post on a very expansive application of Dastar, I suggest that those interested check out Mary LaFrance, When You Wish Upon Dastar: Creative Provenance and the Lanham Act, 23 Cardozo Arts & Ent. L.J. 197 (2005), sadly unavailable on the free internet. The article combines an aggressive stance on reverse passing off (arguing that no part of the Lanham Act really provides for such claims) with a proposal for retaining some attribution rights against explicit falsehood or misleading attribution of a mutilated work to an author.

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