|
Tel: 215.573.7780
Fax: 215.573.2025
Office Room: Golkin 236
Email: sbalganesh@law.upenn.edu
Expertise
- Copyright
- Property Law
- Intellectual Property
- Patent Law
- Law and Technology
Bio
Shyam Balganesh’s scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law.
[More]
Shyam Balganesh’s scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law. His most recent work tries to understand copyright law’s pre-requisite of “copying” for liability, as a mechanism of pluralistic decision-making that allows it to incorporate both utilitarian and rightsbased considerations into its functioning. Balganesh received his J.D. from the Yale Law School, where he was an Articles and Essays Editor of the Yale Law Journal and a Student Fellow at the Information Society Project (ISP). Prior to that he spent two years as a Rhodes Scholar at Balliol College, Oxford, and received a B.C.L. and an M.Phil in Law from Oxford University. His recent publications include: ‘“Hot News’: The Enduring Myth of Property in News,” 111 Columbia Law Review 419 (2011); “The Pragmatic Incrementalism of Common Law Intellectual Property,” 63 Vanderbilt Law Review 1543 (2010); and “Foreseeability and Copyright Incentives,” 122 Harvard Law Review 1569 (2009), among others. He is also currently editing a collection of scholarly essays on the topic of intellectual property and the common law, scheduled to be published by the Cambridge University Press in 2012.
[Hide]
Representative Professional Positions
Penn Law – Assistant Professor of Law (2009- )
University of Chicago Law School – Bigelow Fellow & Lecturer in Law (2007-09)
Law Clerk to Justice (later Chief Justice) V.N. Khare of the Supreme Court of India (Winter 2002)
World Bank - Legal Consultant (Summer 2005)
Union for the Public Domain (UPD), Washington, DC - Board Member and World Intellectual Property Organization Standing Committee on Copyright & Related Rights (WIPO-SCCR) Representative (2004- )
Cravath, Swaine & Moore LLP, New York – Summer Associate (2006)
Representative Publications
Edited Volume
INTELLECTUAL PROPERTY AND THE COMMON LAW (Ed.) (Cambridge University Press) (forthcoming 2012).
Book Chapters
The Normative Structure of Copyright Law, in INTELLECTUAL PROPERTY AND THE COMMON LAW (Shyam Balganesh ed., forthcoming 2012).
The Role of Unfair Competition in the Common Law, in INTELLECTUAL PROPERTY AND THE COMMON LAW (Shyam Balganesh ed., forthcoming 2012) (with Gideon Parchomovsky).
Articles
The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying, 125 HARV. L. REV. (forthcoming 2012).
Quasi-Property: Like, But Not Quite Property , 160 U. PA. L. REV. (forthcoming 2012).
The Uncertain Future of "Hot News" Misappropriation After Barclays Capital v. Theflyonthewall.com, 112 COLUM. L. REV. SIDEBAR (forthcoming 2012).
"Hot News": The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011).
[View Document]
The Pragmatic Incrementalism of Common Law Intellectual Property, 63 VAND. L. REV. 1543 (2010).
[View Document]
Tiered Originality and the Dualism of Copyright Incentives, 95 VA. L. REV. IN BRIEF 67 (2009).
[View Document]
Foreseeability and Copyright Incentives, 122 HARV. L. REV. 1569 (2009).
[View Document]
Debunking Blackstonian Copyright, 118 YALE L.J. 1126 (2009).
[View Document]
Demystifying the Right to Exclude: Of Property, Inviolability, and Automatic Injunctions, 31 HARV. J L. & PUB. POL’Y 593 (2008).
[View Document]
The Social Costs of Property Rights in Broadcast (and Cable) Signals, 22 BERKELEY TECH. L.J. 1303 (2008).
[View Document]
Rethinking Copyright: Property Through the Lenses of Unjust Enrichment and Unfair Competition, 156 U. PA L. REV. PENNUMBRA 345 (2008).
[View Document]
Common Law Property Metaphors on the Internet: The Real Problem with the Doctrine of Cybertrespass, 12 MICH. TELECOMM. & TECH. L. REV. 265 (2006).
[View Document]
Property Along the Tort Spectrum: Trespass to Chattels and the Anglo-American Doctrinal Divergence, 35 COMMON L. WORLD REV. 135 (2006).
[View Document]
Copyright and Free Expression: Analyzing the Convergence of Conflicting Normative Frameworks, 4 CHI.-KENT J. INTELL. PROP. 45 (2004).
[View Document]
For additional publications, please consult
Current & Recent Research
Current Working Papers
Wrongful Copying
The Uneasy Case Against Copyright Trolls
|
