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Articles 1 - 30 of 58
Full-Text Articles in Entire DC Network
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
Faculty Publications
No abstract provided.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
University of Miami Law Review
No abstract provided.
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Seattle University Law Review
This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …
A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu
A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu
BYU Law Review
No abstract provided.
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Scholarly Works
Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
William & Mary Law Review
No abstract provided.
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Faculty Publications
No abstract provided.
Vi. Copyright, Patent & Trademark Law
Vi. Copyright, Patent & Trademark Law
Washington and Lee Law Review
No abstract provided.
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user …
An Economic Understanding Of Copyright Law's Work-Made-For-Hire Doctrine, I. Trotter Hardy
An Economic Understanding Of Copyright Law's Work-Made-For-Hire Doctrine, I. Trotter Hardy
Faculty Publications
No abstract provided.
Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson
Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe
Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe
UC Law SF Communications and Entertainment Journal
Overshadowed by the more controversial substantive questions raised by the gray market problem has been the issue of jurisdiction over gray market cases. In K Mart Corp. v. Cartier, Inc, the U.S. Supreme Court decided that the federal district courts, and not the Court of International Trade, have jurisdiction over gray market cases. The Court held that the statute controlling gray market importation cannot be considered an embargo, as that word was intended to be used by Congress. The author argues that the Supreme Court misinterpreted Congress' intent when Congress granted the Court of International Trade jurisdiction over cases involving …
Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen
Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen
UC Law SF Communications and Entertainment Journal
The abolition of the Fairness Doctrine by the Federal Communications Commission provides an opportunity to reexamine the way in which broadcasters are encouraged to offer programming on controversial issues of public importance. The author outlines alternatives to the Fairness Doctrine and subjects each to a Fair Treatment Test, which requires that the alternative 1) guarantee that the public will receive programming on controversials of importance to it, and 2) provide full first amendment rights to broadcasters. The author concludes that a structural approach to broadcast regulation, under which stricter crossownership limits than presently exist are imposed on broadcasters, offers the …
The Search For Consistency In Constitutional Defamation Law, Elmer Gertz
The Search For Consistency In Constitutional Defamation Law, Elmer Gertz
UC Law SF Communications and Entertainment Journal
Since the U.S. Supreme Court's historic ruling in New York Times v. Sullivan, the law of defamation has been developed largely by the Supreme Court with constitutional protections, removed from common law or statutory development by the states. The author, the plaintiff in the leading defamation case of Gertz v. Robert Welch, Inc., traces the constitutionalization of the law of defamation. The author argues that the Supreme Court decisions since New York Times have been inconsistent and have resulted in the localization of constitutional protection, such that the result in a given defamation case depends on the state in which …
Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm
Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm
UC Law SF Communications and Entertainment Journal
Confusion exists in the courts over when to impose liability on media defendants for physical injuries. While media defendants are regularly subjected to claims of defamation, invasion of privacy, and sometimes intentional infliction of emotional distress, claims of liability for physical injuries caused by media publication have most often been rejected over concern about infringing on first amendment protection. The authors argue that courts have inappropriately denied liability by failing to differentiate among kinds of media liability cases and by failing to analyze them as they would similar tort cases. The proper differentiation of these cases would insure against diminution …
Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan
Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan
UC Law SF Communications and Entertainment Journal
Since the introduction of videocassettes, video piracy has become a problem of international proportions. The authors summarize the various types of video piracy and discuss anti-piracy actions taken by governments and film associations. The authors explore possible solutions to the piracy problem, including an international registration system called a "Carnet de Passage."
Only The News That's Fit To Print: Student Expressive Rights In Public School Communications Media After Hazelwood V. Kuhlmeier, Christopher J. Palmero
Only The News That's Fit To Print: Student Expressive Rights In Public School Communications Media After Hazelwood V. Kuhlmeier, Christopher J. Palmero
UC Law SF Communications and Entertainment Journal
Free expression rights guaranteed to high school students vary widely across America. High school student journalists' first amendment rights were drastically curtailed recently by the United States Supreme Court in Hazelwood v. Kuhlmeier, but California has enacted a statute giving substantial free speech protection to public school students. The author analyzes legal standards articulated by the U.S. Supreme Court, the California legislature, and California courts, applying both federal and California standards to a variety of student expressive media. The author concludes that both standards could be improved by requiring schools to adopt written guidelines and suggests criteria for such guidelines.
The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler
The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett
Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby
The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby
UC Law SF Communications and Entertainment Journal
Copyright protection for computer programs has traditionally centered on the computer program itself. Recently, a debate has developed in the computer industry as to whether copyright protection should be expanded to cover the audiovisual screen displays generated by the programs. The author traces the development of the current law on this issue and distinguishes it from video game copyright law, in which the screen display has always been the primary object of copyright protection. The author concludes that computer program screen displays should not be registered separately, but instead should be protected under the copyright of the underlying computer program.
Piracy And Gray Markets, Robert W. Steele
Piracy And Gray Markets, Robert W. Steele
UC Law SF Communications and Entertainment Journal
The author discusses parallel imports or "gray market goods" in the context of the federal trademark laws, the regulations promulgated by the Customs Service and its enforcement of these regulations. In the recent United States Supreme Court case, K Mart Corp. v. Cartier, Inc., the author argued on behalf of K Mart. In this speech, the author discusses and rebuts the arguments made by his opponent, the Coalition to Preserve the Integrity of American Trademarks (COPIAT) and contends that parallel imports are advantageous to the American consumer and necessary in any effort to reduce the foreign trade deficit. He concludes …
The Sports Lawyer's Duty To Avoid Differing Interests: A Practical Guide To Responsible Representation, Robert E. Fraley, F. Russell Harwell
The Sports Lawyer's Duty To Avoid Differing Interests: A Practical Guide To Responsible Representation, Robert E. Fraley, F. Russell Harwell
UC Law SF Communications and Entertainment Journal
As in the legal profession generally, lawyers in the sports representation area face numerous potential conflicts of interest in representing athletes and other sports personalities. The author maintains that, despite the pervasiveness of these ethical concerns, it is possible for a sports lawyer to maintain vigorous representation of multiple clients, as well as to "reasonably believe' that such interests will not "materially interfere" with the lawyer's "independent professional judgment." The author suggests that sports lawyers may avoid these conflicts if, following a full disclosure of all multiple interests, they obtain the knowing consent from their multiple clients, thereby narrowing the …
The Search For An Author: Shakespeare And The Framers, James Boyle
The Search For An Author: Shakespeare And The Framers, James Boyle
Faculty Scholarship
No abstract provided.
Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder
Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder
Vanderbilt Journal of Transnational Law
The pursuit of protection of IP rights is a valuable goal both for the United States and the rest of the world community. Such rights promote creativity and the advancement of knowledge, as well as fuel the domestic economy and improve the position of the United States vis-a-vis the other trading nations of the world. With the growing interdependence of the global economy, there is no time like the present to lay the foundation for a system of dispute settlement of such trade matters. Economic interdependence will continue to increase, and the problems of international trade in, and piracy of, …
In The Forest Of Copyright Law, Are Son Of Sam Laws Barking Up The Wrong Tree, 22 J. Marshall L. Rev. 111 (1988), James P. Broderick
In The Forest Of Copyright Law, Are Son Of Sam Laws Barking Up The Wrong Tree, 22 J. Marshall L. Rev. 111 (1988), James P. Broderick
UIC Law Review
No abstract provided.
Stealing Trade Secrets Ethically, Don Wiesner, Anita Cava
Stealing Trade Secrets Ethically, Don Wiesner, Anita Cava
Maryland Law Review
No abstract provided.
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Maryland Law Review
No abstract provided.
In The Ordinary Course Of Business: The Legal Limits Of Workplace Wiretapping, Martha W. Barnett, Scott D. Makar
In The Ordinary Course Of Business: The Legal Limits Of Workplace Wiretapping, Martha W. Barnett, Scott D. Makar
UC Law SF Communications and Entertainment Journal
The use of telecommunications monitoring and recording devices in the workplace has generated considerable controversy. The authors untangle the interlocking web of federal and state laws that limit the extent to which private businesses may engage in workplace wiretapping, using the laws of Florida as a paradigm of state regulation. In particular, the authors' analysis of cases which interpret federal and Florida wiretapping statutes indicates that courts often take dissimilar approaches to resolve workplace wiretapping issues. The authors also discuss FCC and state public service commission regulations, as well as the effect of a proposed federal "beeper bill." In conclusion, …
The Fact/Opinion Distinction In Libel, Timothy W. Gleadon
The Fact/Opinion Distinction In Libel, Timothy W. Gleadon
UC Law SF Communications and Entertainment Journal
Following Gertz v. Robert Welch, Inc., state and federal courts struggled to develop guidelines to distinguish fact from opinion in libel law. While the existing guidelines have resulted in broader constitutional protection of opinion statements, they do not constrain ad hoc judicial interpretation of text as either fact or opinion. This article examines the fact/opinion distinction from both a communication and a legal perspective and argues that the use of an interdisciplinary approach to the fact/opinion question exposes fundamental problems with the existing guidelines. The author concludes that for opinion to have adequate constitutional protection, context should be used as …