Property Rights Project

Pamela Samuelson

Pamela Samuelson is a Professor at the University of California at Berkeley with a joint appointment in the School of Information and the School of Law.  She is also Co-Director of the Berkeley Center for Law and Technology.  Her principal area of expertise is intellectual property law. She has written and spoken extensively about the challenges that new information technologies are posing for public policy and traditional legal regimes and is an advisor for the Samuelson Law, Technology and Public Policy Clinic.

She selected several papers which are worth to be read by everyone interested in property rights issues. We report them here for our readers:

• Should Copyright Owners Have to Give Notice About Their Use of Technical Protection Measures?, 6 J. Telecom. & High Tech. L. 41 (2007)
  (with Jason Schultz),republication forthcoming in Digital Rights Management Technologies (ICFAI 2008)
• A Reverse Notice and Takedown Regime to Enable Fair Uses of Technically Protected Copyrighted Works, 22 Berkeley Tech. L.J. 981 (2007)(with Jerome H. Reichman & Graeme Dinwoodie), republication forthcoming in P2P AND SECONDARY LIABILITY IN
  COPYRIGHT LAW (Alain Strowel, ed. 2007)
• Preliminary Thoughts on Copyright Reform Project, 3 Utah L. Rev. 551 (2007)), republication forthcoming in J. Scholarly Pub’g (April 2008)
• Why Copyright Excludes Systems and Processes From the Scope of Its Protection, 85 Tex. L. Rev. 1921 (2007)
• Principles for Resolving Conflicts Between Trade Secrets and the First Amendment, 58 Hastings L. J. 777 (2007)
  republication forthcoming in FIRST AMENDMENT LAW HANDBOOK 2007-08 (Rodney Smolla, ed. 2008)
• Regulating Digital Rights Management Technologies: Should Copyright Owners Have to Give Notice About DRM Restrictions? forthcoming in the Journal of Telecom & Tech. L. (2007)
• Legally Speaking: Software Patents and the Metaphysics of 271(f), 50 Communications of the ACM 15(June 2007)
• Why Copyright Law Excludes Systems and Processes From the Scope of Its Protection , forthcoming in 85 Texas Law Review(2007)
• Patent Reform Through the Courts, 50 Comm ACM 19 (February 2007)
• Questioning Copyrights in Standards, 48 B.C. L. Rev 193 (January 2007)
• Enriching Discourse on Public Domain, 55 Duke L. J. 783 (2006)
• IBM’s Pragmatic Embrace of Open Source, (49 Comm ACM, 49 Comm ACM 21 (October 2006)
• Questioning Copyright in Standards, forthcoming in BC Law Rev
• The Generativity of Sony v. Universal: The Intellectual Property Legacy of Justice Stevens, 74 Fordham L Rev 1831 (2006)
• Brief Amici Curiae of 60 Intellectual Property and Technology Law Professors and the United States Public Policy Committee of the Association for Computing Machinery in Support of Respondents in Metro-Goldwyn-Mayer Studios v. Grokster
  also published in 20 Berkeley Tech. L. J. 535 (2005)
• SENSOR NETWORKS & PRIVACY, presentation given at the Securing Privacy Conference, Stanford Univeristy, March 13, 2004.
• Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, 71 Chi. L. Rev. 223 (Winter 2004)
• Preserving the Positive Functions of the Public Domain for Science, 2 Data Science J. 192 (Nov. 2003)
• Brief Amici Curiae of 40 Intellectual Property and Technology Law Professor Supporting Affirmance
  in Metro-Goldwyn-Mayer Studios v. Grokster, filed before the Court of Appeals for the Ninth Circuit, September 26, 2003
• The Constitutional Law of Intellectual Property After Eldred v. Ashcroft, 50 J. Cop. Off. Soc’y 547 (2003)
• Digital Rights Management {and, or, vs.} the Law, vol. 46, no. 4, April 2003
• Toward a “New Deal” for Copyright for an Information Age, Forthcoming in 100 Michigan L. Rev. (2002)
• Toward a New Politics of Intellectual Property, Presented at World Wide Web 2002.
• The Law & Economics of Reverse Engineering (with Suzanne Scotchmer) ,111 Yale L. J. 1575 (2002)
• Anti-Circumvention Rules Threaten Science
  293 Science 2028 (Sep 14, 2001)
• The “New Economy” and Information Technology Policy (with Hal Varian) [PDF] [FIGURES]
  A review of information policy in the 1990s. Prepared “Economic Policy During the Clinton Administration”, held at JFK School of Government, Harvard University, June 27-30, 2001.
• Brief Amicus Curiae of ACLU, ALA, et al in the Universal City Studios v. Reimerdes
• The Digital Dilemma: A Perspective on Intellectual Property in the Information Age
  Presented at the Telecommunications Policy Research Conference ’00 (with Randall Davis).
• Five Challenges for Regulating the Global Information Society In REGULATING THE GLOBAL INFORMATION SOCIETY (Chris Marsden ed., Routledge, 2000).
• Economic and Constitutional Influences on Copyright Law in the United States In UNITED STATES INTELLECTUAL PROPERTY LAW (Hugh Hansen ed., Sweet & Maxwell, forthcoming 2000).
• Towards More Sensible Anti-Circumvention Regulations Proceedings of Financial Cryptography 2000 Conference (forthcoming 2000).
• Privacy as Intellectual Property? 52 Stan. L. Rev. 1125 (2000) (this link leads to a draft paper; the final version can be accessed in the SLR).
• Licensing Information in the Global Information Market: Freedom of Contract Meets Public Policy,
  21 Eur. Intell. Prop. Rev. 386 (Aug. 1999) (co-authored with Kurt Opsahl)
• Intellectual Property And The Digital Economy: Why The Anti-Circumvention Regulations Need To Be Revised 14 Berkeley Tech. L. J. 519 (1999); HTML format
  A related slide presentation is also available.
• Copyright, Commodification, and Censorshop: Past as Prologue-But to What Future? Presented at The Commodification of Information Conference, May 30-31, 1999. Haifa, Israel
• Intellectual Property and Contract Law for the Information Age 87 Calif. L. Rev. 1 (Jan. 1999).
• Intellectual Property and Economic Development: Opportunities for China in the Information Age This paper was prepared for the ’98 International Symposium on the Protection of Intellectual Property for the 21st Century, October 28-30, 1998, in Beijing, PRC.
• Technology in and Beyond the Classroom Berkeley Multimedia Research Center. This material was prepared for the AALS Experienced Teachers Conference, June 10-14, 1997, in Minneapolis MN.
• On Author’s Rights in Cyberspace: Are New International Rules Needed? First Monday (Oct. 1996)
• Intellectual Property Rights for Digital Library and Hypertext Publishing Systems 6 Harv. J. Law & Tech. 237 (1993) (co-authored with Robert J. Glushko)
• Good Legal Writing: of Orwell and Window Panes 46 University of Pittsburgh Law Review 149 (Fall 1984)
• Does Information Really Want To Be Licensed? Unedited copy, scheduled to be published in September 1998 issue of Communications of the ACM, copyright ACM, posted on the Internet with permission.
• Brief Amicus Curiae of Copyright Law Professors in Lotus Development Corp. v. Borland Int’l, Inc., Journal of Intellectual Property Law (vol. 3, issue 103, Fall 1995)
• Copyright, Digital Data, and Fair Use in Digital Networked Environments THE ELECTRONIC SUPERHIGHWAY: THE SHAPE OF TECHNOLOGY AND LAW TO COME (Daniel Poulin, ed., 1995) (1995)

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