In August, Prof. Rosenblatt presented her paper, “IP’s Negative Space: Beyond the Utilitarian” at the Intellectual Property Scholars’ Conference at DePaul Law School in Chicago. The paper is a follow-up to her article “A Theory of IP’s Negative Space,” which was published in the Columbia Journal of Law & The Arts.
Prof. Rosenblatt’s scholarly research focuses on the “negative spaces” of intellectual property: areas of creation and innovation that thrive without significant protection from patent, copyright, or trademark law. These include such diverse industries as fashion, cuisine, magic tricks, stand-up comedy, typefaces, open source software, sports, wikis, academic science and even roller derby pseudonyms. Her article, “A Theory of IP’s Negative Space,” was well-reviewed by the Solum Legal Theory Blog. It creates a taxonomy of negative spaces and explores the circumstances under which creation and innovation are likely to thrive without intellectual property protection. The article sheds light onto what may make a lack of protection preferable to protection for certain types of works and provides a new tool for optimizing intellectual property law to promote creation and innovation.
In addition to her scholarly work, Professor Rosenblatt and the Whittier Law Review are planning a full-day symposium, The Law of the Smart Phone, which will take place on the Whittier Law School campus on November 4, 2011. The conference will focus on a wide range of issues relating to mobile technology, including intellectual property, criminal law, privacy law, telecommunications regulation, and more.