Libraries
The materials posted here include some hard-to-find documents on some intellectual property policy puzzles, including the materials on the Marrakesh Treaty for the Blind (2013).
Eventually I may post additional libraries, such examples of geographical indications.
WIPO – Marrakesh Treaty on copyright exceptions for the blind, visually-impaired, and persons with print disabilities (2013)
The following materials are basic documents in the development of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, completed and opened for signature on June 27, 2013, as well as U.S. ratification and implementation of the treaty in 2018.
- Proposal by Brazil, Ecuador, and Paraguay, Relating to Limitations and Exceptions: Treaty Proposed by the World Blind Union, SCCR/18/5, 25 May 2009
- United States Statement on Copyright Exceptions and Limitations for Persons with Print Disabilities at 19th Session of the SCCR, WIPO, December 2009
- Draft Consensus Instrument Proposed by the Delegation of the United States of America, SCCR/20/10, 10 June 2010
- Background Paper and FAQ on Draft Consensus Instrument Proposed by the Delegation of the United States of America, SCCR 20, 21 June 2010
- Draft WIPO Treaty on Exceptions and Limitations for the Disabled, Educational and Research Institutions, Libraries and Archive Centers Proposed by the Africa Group, 15 June 2010
- Draft Joint Recommendation Proposed by the Delegation of the European Union, 17 June 2010
- Written Questions from the United States on the proposal by Brazil, Ecuador, Paraguay and Mexico Relating to Limitations and Exceptions: Treaty Proposed by the World Blind Union (WBU) (Document SCCR/18/5), Document SCCR/21/WWW/150425, 20 December 2010
- Written Version of U.S. Questions on Proposal by the African Group for a Draft WIPO Treaty on Exceptions and Limitations for the Disabled, Educational and Research Institutions, Libraries and Archive Centers (Document SCCR/20/11), Document SCCR/21/WWW/150461.
- United States Opening Statement at SCCR 22, 15 June 2011
- Consensus document on an international instrument on limitations and exceptions for persons with print disabilities, presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America, SCCR/22/15, 20 June 2011
- Proposal on an international instrument on limitations and exceptions for persons with print disabilities, document presented by Argentina, Australia, Brazil, Chile, Colombia, Ecuador, the European Union and its Member States, Mexico, Norway, Paraguay, the Russian Federation, the United States of America and Uruguay, SCCR/22/15 Rev. 1, 22 June 2011
- Joint Statement by Presidents Barack Obama and Dilma Rousseff on the occasion of President Dilma Rousseff’s official visit to the United States, 9 April 2012 [English text] [Portuguese text] (statement on persons with print disabilities on page seven of English text)
- Revised Working Document on an International Instrument on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities, Document SCCR/24/9, 26 July 2012
- Revised Working Document on an International Instrument on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities, Document WIPO/IS/WIP-PPD/GE/12/REVWKGDOC, 10 October 2012
- Draft Text of an International Instrument/Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities, Document SCCR/25/2, 23 November 2012
- United States Statement at Special Session of the WIPO General Assemblies, Geneva, 17 December 2012
- 2013 June United States’ Opening Statement at Diplomatic Conference, Marrakesh
- Informal Consolidation (of negotiated treat text) prepared by WIPO Secretariat, 26 June 2013, 8:00pm
- MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED as adopted by the Diplomatic Conference
- The Marrakesh Treaty for the Blind – and the Future of Global Copyright, The Media Institute, 3 August 2013
WIPO – Beijing Treaty on Audiovisual Performances (2012)
- WIPO Ad hoc Informal Meeting on the Protection of Audiovisual Performances, Survey of National Laws, Geneva, 6-7 November 2003, AVP/IM/03/2 Rev.2, 25 August 2005
- WIPO Informal Open-Ended Consultations on the International Protection of Audiovisual Performances, Survey of National Laws, Geneva, 8 September 2009, AP/IM/09/INF/3, 8 September 2009 [?]
- United States Intervention on Audiovisual Performers’ Treaty, SCCR 20, 21-24 June 2010
- 2011 June United States Opening Statement at SCCR 22
- WIPO General Assembly, Geneva, September 26 to October 5, 2011, Recommendation on Holding of a Diplomatic Conference on the Protection of Audiovisual Performances, WO/GA/40/11, 26 July 2011
- U.S. Government fact sheet on Beijing Treaty [inter-agency document], June 2012
- 2012 June United States’ Closing Statement at Diplomatic Conference, Beijing
- BEIJING TREATY ON AUDIOVISUAL PERFORMANCES, adopted by the Diplomatic Conference on June 24, 2012
WIPO UDRP Decisions
- Case No. D2005-1175, Tillamook County Creamery Association v. Dorene Kirkingburg
- Case No. D2006-0070, Curtis Jackson v. WhoisGuard
- Case No. D2006-0887, Lumber Liquidators v. Domain Hold Co.
- Case No. D2007-0225, Wal Mart Stores, Inc. v. Anthony Hardy
- Case No. D2007-1558, American Honda Motor Co., Inc. v. Honda Automobile Company
WIPO – OTHER Documents
(Extra-copyright) Database Protection (1990s)
- Patent and Trademark Office Report on Recommendations from the April 1998 Conference on Database Protection and Access Issues
- Letter from Department of Commerce General Counsel Andy Pincus to Senator Orrin Hatch establishing Clinton Administration position on sui generis protection of databases, 4 August 1998
- H.R. 3872, a bill to prohibit the misappropriation of databases while ensuring consumer access to factual information, 108th Congress, 2d Session, introduced 2 March 2004
State Sovereign Immunity
(reverse chronological order)
This was legislation on which I worked with Senate Judiciary staff to undo the effect of the Supreme Court’s Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank decision in 1999 (and subsequently, the 2020 Allen v. Cooper, Governor of North Carolina decision); the bills never advanced out of committee.
- Intellectual Property Protection Restoration Act of 1999
- Intellectual Property Protection Restoration Act of 2001
- Intellectual Property Protection Restoration Act of 2003
Testimony
(reverse chronological order)
- Senate Judiciary Committee, Intellectual Property Subcommittee, “Copyright Law in Foreign Jurisdictions . . . .” Answers to questions from Senators Tillis, Coons, and Blumenthal, 14 April 2020
- Senate Judiciary Committee, Intellectual Property Subcommittee, “Copyright Law in Foreign Jurisdictions . . . .” Testimony 10 March 2020
- U.S. – China Economic and Security Review Commission, “IP Enforcement in China, a potential WTO case, and U.S.-China Relations,” Testimony 8 June 2006
- Senate Judiciary Committee, Copyright and Digital Technologies, Testimony 14 March 2002
Amici briefs
(reverse chronological order)
These are briefs in which I participated in the drafting.
- Amici Curiae Brief of Professors Shyamkrishna Balganesh, Justin Hughes, Peter Menell, and David Nimmer in Support of Neither Party – Garcia v. Google, 2014
- Amicus Curiae Brief of Professors Peter S. Menell, David Nimmer, Robert P. Merges, and Justin Hughes in MGM v. Grokster, 2005
- Amicus Curiae Brief of Public Patent Foundation brief in LabCorp v. Metabolite Laboratories, 2005
- U.S. Government’s Brief in A & M Records v. Napster, September 2000
- • U.S. Government’s Brief in Southco v. Kanebridge, June 2000