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Law

Journal of Intellectual Property Law

2016

Copyright act of 1976

Articles 1 - 4 of 4

Full-Text Articles in Arts and Humanities

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim Oct 2016

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …


Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh Oct 2016

Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh

Journal of Intellectual Property Law

No abstract provided.


Machinima And Copyright Law, Matthew Brett Freedman Oct 2016

Machinima And Copyright Law, Matthew Brett Freedman

Journal of Intellectual Property Law

No abstract provided.


Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott Sep 2016

Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.