Allen Post Professor of Law
A.B., A.M., University of Illinois
J.D., University of Chicago
Intellectual Property Survey
International Intellectual Property Law
Paul Heald joined Georgia Law in 1989 and, 10 years later, became the youngest faculty member in the law school's history to be named to an endowed position, the Allen Post Professorship. He is presently teaching at the University of Illinois at Urbana-Champaign in addition to holding a visiting position at the Center for Intellectual Property Policy and Management at Bournemouth University in England.
Heald lectures on patent, copyright and international intellectual property law around the world and has previously held visiting positions at universities in London, Lyon, Regensburg and Innsbruck as well as at the University of Chicago, the University of Texas and Vanderbilt University. He also taught in the UGA/OSU program at St. Anne's College, Oxford University, during the spring of 2009.
His recent publications have focused on the economic aspects of IP law, including theoretical papers on optimal patent remedies, the role of transaction costs in patent law and the problem of patent pricing as well as two empirical studies on best-selling fiction and musical compositions from 1913 to 1932. He has also written two books on law and literature, and his first novel, No Regrets, was published by St. James Music Press in 2002.
Heald earned his bachelor's and master's degrees in comparative literature from the University of Illinois. As an undergraduate there, he fenced for two Big Ten championship teams and placed 18th in epee at the 1980 NCAA championships. He earned his law degree cum laude from the University of Chicago, where he served as associate editor and a staff member of the University of Chicago Law Review. Heald clerked for Judge Frank M. Johnson Jr. of the U.S. Court of Appeals for the 11th Circuit.
Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empirical Study, 59 Buff. L. Rev. 141 (2011) (with R. Brauneis).
Does the Song Remain the Same? An Empirical Study of Bestselling Musical Compositions (1913-1932) and Their Use in Cinema (1968-2007), 60 Case W. Res. L. Rev. 1 (2010) (reprinted from 6 Rev. Econ. Res. on Copyright Issues 31 (Dec. 2009)).
The Death of Law and Literature, 33 Comparatist 20 (2009).
Optimal Remedies for Patent Infringement: A Transactions Cost Approach, 45 Hous. L. Rev. 1165 (2008) (invited submission).
Testing the Over- and Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) and Their Uses in Cinema (1968-2007), (available at SSRN).
Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers, 92 Minn. L. Rev. 1031 (2008); also printed in Japanese in IP Annual Report (Waseda University, Tokyo, 2007) and New Directions in Copyright Law, 4th ed. (F. Macmillan ed.) ( Edward Elgar Publishing, 2008).
Transaction Costs and Patent Reform, 23 Santa Clara Computer & High Tech L.J. 447 (2007).
Meeting of the Minds, Part II: A Dark and Angry God Arises, 41 Ga. L. Rev. 849 (2007).
The Problem of Social Cost in a Genetically Modified Age, 58 Hastings L.J. 87 (2006) (with James C. Smith).
A Transaction Costs Theory of Patent Law, 66 Ohio St. L. J. 473 (2005).
American Corporate Copyright: A Brilliant, Uncoordinated Plan, 12 J. Intell. Prop. L. 489 (2005).
Mowing the Playing Field: Addressing Information Distortion and Assymetry in the TRIPS Game, 88 Minn. L. Rev. 249 (2003).
Random Walks, Non-Cooperation Games, and the Complex Mathematics of Patent Pricing, 55 Rutgers L. Rev. 1175 (2003) (with Professor R.F. Denton)
Misreading a Canonical Work: An Analysis of Mansfield's 1994 Study, 10 J.Intell. Prop. L. 309 (2003); reprinted in 16 Info. Econ. Pol'y 57 (2004).
The Rhetoric of Biopiracy, 11 Cardozo J. Int'l & Comp. L. 519 (2003) (symposium).
Means/Ends Analysis in Copyright Law: Eldred v. Ashcroft in One Act, 36 Loy. L.A. L. Rev. 99 (2002) (with Dan Coenen) (symposium).
The Extraction/Duplication Dichotomy: Constitutional Line-Drawing in the Database Debate, 62 Ohio St. L.J. 933 (2001) (symposium).
Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Restraint on Congress, 2000 U. Ill. L. Rev. 1119 (with Suzanna Sherry).
Sunbeam Products, Inc. v. The West Bend Co.: Exposing the Malign Application of the Federal Dilution Statute to Product Configurations, 5 J. Intell. Prop. L. 415 (1998) (symposium).
Remedies for the Misappropriation of Intellectual Property by State and Municipal Governments Before and After Seminole Tribe: The Eleventh Amendment and Immunity Doctrines, 55 Wash. & Lee L. Rev. 849 (1998) (with Michael L. Wells).
Reviving the Rhetoric of the Public Interest: Choir Directors, Copy Machines, and New Arrangements of Public Domain Music, 46 Duke L.J. 241 (1996).
Filling Two Gaps in the Restatement (Third) of Unfair Competition: Mixed-Use Trademarks and the Problem With Vanna, 47 S.C. L. Rev. 783 (1996) (symposium).
Trademarks and Geographical Indications: Exploring the Contours of the TRIPS Agreement, 29 Vand. J. Transnat'l. L. 635 (1996) (symposium).
Idealism and the Individual Woman: Reading Bessie Head's A Question of Power, 4 Tex. J. Women & L. 83 (1995).
Medea and the Un-Man: Literary Guidance in the Determination of Heinousness under Maynard v. Cartwright, 73 Tex. L. Rev. 571 (1995).
Economics as One of the Humanities: An Ecumenical Response to Weisberg, West, and White, 2 So. Cal. Interdisc. L.J. 293 (1995).
Payment Demands for Spurious Copyrights: Four Causes of Action, 1 J. Intell. Prop. L. 259 (1994).
Resolving Priority Disputes in Intellectual Property Collateral, 1 J. Intell. Prop. L. 135 (1993)
Mindlessness and Nondurable Precautions, 27 Ga. L. Rev. 673 (1993).
Federal Intellectual Property Law and the Economics of Preemption, 76 Iowa L. Rev. 959 (1991), reprinted in 25 Intell Prop. L. Rev. 3 (1993).
Mindlessness and the Law, 77 Va. L. Rev. 1127 (1991) (with James E. Heald).
Retroactivity, Capital Sentencing, and the Jurisdictional Contours of Habeas Corpus, 42 Ala. L. Rev. 1273 (1991).
The Vices of Originality, 1991 Sup. Ct. Rev. 143 (1991).
The Lost Episode of "Meeting of the Minds": Posner, Kelman, Holmes, and Pascal, 55 J. L. & Religion 279 (1989).
Money Damages and Corrective Advertising: An Economic Analysis, 55 U. Chi. L. Rev. 629 (1988).
Unfair Competition and Federal Law: Constitutional Restraints on the Scope of State Law, 54 U. Chi. L. Rev. 1411 (1987).
"The Annotated Plessy," a review of The Plessy Case: a Legal Historical Interpretation, 1 Geo. J. So. Leg. Hist. 249 (1991).
No Regrets. (St. James Music Press, 2003).
Literature and Legal Problem Solving: Law and Literature as Ethical Discourse. (Editor) (Carolina Academic Press, 1998).
A Guide to Law and Literature for Teachers, Students, and Researchers. (Carolina Academic Press, 1998).
"Property Rights and the Efficient Exploitation of Copyrighted Words: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers" in New Directions in Copyright Law (Edward Elgar Publishing, forthcoming).
"Pollen Drift and the Bystanding Farmer: Harmonizing Patent Law and Common Law on the Technological Frontier" in Seeds of Resistance; Seeds of Change (Univ. of Arizona Press, forthcoming) (with Jim Smith).
"Transaction Costs and Patent Reform" in Patent Reforms: Policy Approaches, C. Krishna, ed. (ICFAI Univeristy Press, 2009); reprinted from 23 Santa Clara Computer & High Tech L.J. 447 (2007).
"A Transaction Costs Theory of Patent Law" in Critical Concepts in Intellectual Property Law: Patents (J. Miller, ed.) (Edward Elgar Publishing, 2009); reprinted from 66 Ohio St. L. J. 473 (2005).
"A Skeptical Look at Mansfield’s Famous 1994 Survey" in Intellectual Property Rights: Critical Concepts in Law, (Routledge, 2006); reprinted from 16 Info. Econ. & Pol'y 57 (2004).
"Losing to Disney: The Complex Lesson of Eldred v. Ashcroft and the Corporate Control of Copyright" in New Directions in Copyright Law, Vol. 2 (Edward Elgar Publishing, 2006).
"Law and Literature as Ethical Discourse," "Medea and the Un-Man," and "Don Juan, Feminism, and the Tort of Seduction" in Literature and Legal Problem Solving: Law and Literature as Ethical Discourse. (Carolina Academic Press, 1998).
Secured Transactions under the Uniform Commercial Code, Cum. supp. 1991, 1992, 1993 and 1994. (New York, NY: Matthew Bender) (with Julian McDonnell).