Browsing Vanderbilt Law School Faculty Works by Author "Gervais, Daniel J."

Now showing items 1-20 of 30

    • The 1909 Copyright Act in International Context 
      Gervais, Daniel J. (Santa Clara Computer & High Technology Law Journal, 2010)
      The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) ...
    • Authors, Online 
      Gervais, Daniel J. (Columbia Journal of Law & the Arts, 2015)
      The fate of professional creators is a major cultural issue. While specific copyright rules are obviously contingent and should be adapted to the new realities of online distribution and easy reuse, professional authorship ...
    • Collective Management of Copyright and Neighbouring Rights in Canada: An International Perspective 
      Gervais, Daniel J. (Canadian Journal of Law & Technology, 2002)
      In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current ...
    • The Derivative Right, or Why Copyright Law Protects Foxes Better than Hedgehogs 
      Gervais, Daniel J. (Vanderbilt Journal of Entertainment and Technology Law, 2013)
      The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” ...
    • Electronic Rights Management and Digital Identifier Systems 
      Gervais, Daniel J. (Journal of Electronic Publishinghttp://www.journalofelectronicpublishing.org/, 1999)
      The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: ...
    • Exploring the Interfaces Between Big Data and Intellectual Property Law 
      Gervais, Daniel J. (Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
      This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
    • Fragmented Copyright, Fragmented Management: Proposals to Defrag Copyright Management 
      Gervais, Daniel J.; Maurushat, Alana (Canadian Journal of Law & Technology, 2003)
      The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently ...
    • Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention 
      Gervais, Daniel J. (Vanderbilt Law Review, 2011)
      One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
    • The Google Book Settlement and the TRIPS Agreement 
      Gervais, Daniel J. (Stanford Technology Law Review, 2011)
      The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant ...
    • Improper Appropriation 
      Gervais, Daniel J. (Lewis & Clark Law Review, 2019)
      The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
    • Intellectual Property, Trade & Development: The State of Play 
      Gervais, Daniel J. (Fordham Law Review, 2005)
      This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly ...
    • Intellectual Property: A Beacon for Reform of Investor-State Dispute Settlement 
      Gervais, Daniel J. (Michigan Journal of International Law, 2019)
      Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
    • The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New 
      Gervais, Daniel J. (Fordham Intellectual Property, Media & Entertainment Journal, 2002)
      Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or ...
    • Investor-State Dispute Settlement 
      Gervais, Daniel J. (U.C. Irvine Law Review, 2018)
      The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the ...
    • The Landscape of Collective Management Schemes 
      Gervais, Daniel J. (Columbia Journal of Law & the Arts, 2011)
      I see a bright future for collective management as a model. Each country and each CMO will be different and United States CMOs will likely have fewer collectivized elements than their foreign counterparts. But beyond those ...
    • The Machine as Author 
      Gervais, Daniel J. (Iowa Law Review, 2020)
      The use of Artificial Intelligence ("AI") machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From articles in national ...
    • Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitations 
      Gervais, Daniel J. (University of Ottawa Law & Technology Journal, 2008)
      This Article suggests a path to develop a principled conceptualizat ion for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a ...
    • Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation 
      Gervais, Daniel J. (Fordham Law Review, 2009)
      Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing countries, it provides an opportunity to examine the impact of the introduction of (property) rights on a variety of ...
    • Of Silos and Constellations: Comparing Notions of Originality in Copyright Law 
      Gervais, Daniel J.; Judge, Elizabeth F. (Elizabeth Frances), 1966- (Cardozo Arts & Entertainment Law Journal, 2009)
      Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and creativity. Artists strive to be "original," however the term is understood by each of them. It is also one of the major ...
    • The Patent Option 
      Gervais, Daniel J. (North Carolina Journal of Law & Technology, 2019)
      This Article delineates the proper scope of patentable subject matter and the two key exclusions namely scientific discoveries/laws of nature on the one hand, and mental steps/abstract ideas, on the other hand. The Article ...