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One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000
DOI link for One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000
One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000 book
One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000
DOI link for One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000
One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000 book
ABSTRACT
The elaboration of intellectual property law is closely intertwined with new technologies. This chapter argues that intellectual property law has generally adapted quite well to each successive wave of technological innovation. It begins by skimming over the nineteenth century's highlights in each of the three major areas of intellectual property: copyright, trademark, and patent. The chapter addresses the worrisome trend of legislation increasingly directed at industry- and even technology-specific problems and issues. It discusses three of the most important developments in copyright law over the past century: the 1909 Act; the prologue to and promulgation of the 1976 Copyright Act; and post-1976 doctrinal developments limiting the scope of software copyright under traditional concerns about functional works. Finally, the chapter discusses the courts' role in the trajectory of IP law—particularly the need for ongoing Supreme Court supervision of the quasi-common-law intellectual property system.