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90 St. John's L. Rev. 579 (2016)
Patent Law, Copyright Law, and the Girl Germs Effect

handle is hein.journals/stjohn90 and id is 597 raw text is: PATENT LAW, COPYRIGHT LAW, AND THE GIRL GERMS EFFECT ANN BARTOWt INTRODUCTION Inventors1 pursue patents and authors2 receive copyrights. No special education is required for either endeavor, and nothing precludes a person from being both an author and an inventor. Inventors working on patentable industrial projects geared toward commercial exploitation tend to be scientists or engineers. Authors, with the exception of those writing computer code,3 tend to be educated or trained in the creative arts, such as visual art, performance art, music, dance, acting, creative writing, film making, and architectural drawing. There is a well-warranted societal supposition that most of the inventors of patentable inventions are male.4 Assumptions about the genders of the authors of remunerative commercially exploited copyrights may be less rigid. Women authors are more broadly visible than women inventors across most of the typical categories of copyrightable works. t Director of the Franklin Pierce Center for Intellectual Property and Professor of Law, University of New Hampshire School of Law. The author particularly thanks Professor Jeremy Sheff for being the inspiration for this Essay, with gratitude also for everyone who offered helpful comments and advice. This work is dedicated to Casey Bartow-McKenney. ' 35 U.S.C. § 100(f) (2012) (The term 'inventor' means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.). 2 17 U.S.C. § 102(a) (2012). Authors is the term used by the U.S. Copyright Act to refer to people or entities who produce copyrightable original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Id. ' U.S. COPYRIGHT OFFICE, COPYRIGHT REGISTRATION FOR COMPUTER PROGRAMS (Aug. 2012), http://www.copyright.gov/circs/circ61.pdf. 4 Michelle Chen, 80 Percent of Patents Belong Solely to Men, THE NATION (Aug. 12, 2016), https://www.thenation.com/article/80-percent-of-patents-belong-solely-to- men.

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