Elizabeth I. Winston

Why Sell What You Can License?: Contracting Around Statutory Protection of Intellectual Property

Historically, the transfer of goods has been through sale, a model regulated by public legislation. Increasingly, however, the transfer of goods is occurring through licensing, a model regulated by private legislation. Privately-legislated licenses—for such chattels as musical an...

Bargaining for Innovation

Reward drives innovation. For this reason, Congress has enacted a system of patents, trademarks, and copyrights to incentivize innovation. Such publicly ordered intellectual property regulation supports public and private interests—mandating disclosure of the innovation while leg...