Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Copyright law (4)
- Intellectual property (3)
- Copyright Act of 1976 (2)
- Patents (2)
- 1976 Copyright Act (1)
-
- Betamax (1)
- Broadcasting law (1)
- Causes of action (1)
- Commerce doctrine (1)
- Commercial nature (1)
- Computer software licenses (1)
- Congress (1)
- Constitution (1)
- Contract law (1)
- Contributory infringement (1)
- Copyright (1)
- Copyright Clause (1)
- Copyright infringement (1)
- Copyright principles (1)
- Copyright protection (1)
- Court (1)
- Court reporters (1)
- Damages (1)
- Design patents (1)
- Equitable rule of reason (1)
- Exclusive right (1)
- Exclusive rights (1)
- Fair use (1)
- Fairness doctrine (1)
- Fixed in any tangible medium of expression (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
The Protection Of Computer Software Through Shrink-Wrap License Agreements
The Protection Of Computer Software Through Shrink-Wrap License Agreements
Washington and Lee Law Review
No abstract provided.
Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton
Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton
West Virginia Law Review
No abstract provided.
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
Michigan Law Review
This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
UC Law SF Communications and Entertainment Journal
Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
UC Law SF Communications and Entertainment Journal
The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
UC Law SF Communications and Entertainment Journal
Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
UC Law SF Communications and Entertainment Journal
Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …
Requiem For A Parody, Randall B. Hicks
Requiem For A Parody, Randall B. Hicks
UC Law SF Communications and Entertainment Journal
Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
UC Law SF Communications and Entertainment Journal
Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
UC Law SF Communications and Entertainment Journal
The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
UC Law SF Communications and Entertainment Journal
The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.
Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield
Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino
Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley
A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein
Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman
Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.
Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.
Vanderbilt Journal of Transnational Law
This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …
The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker
The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker
Vanderbilt Journal of Transnational Law
Trade treaty partners recently have determined that the manufacturing clause violates United States obligations under the General Agreement on Tariffs and Trade (GATT). If the clause does violate GATT, sanctions may be imposed unless the clause is eliminated. Even so, two bills have been introduced in the United States Congress to make the clause a permanent feature of the copyright law, and to apply the manufacturing requirement to all printed materials. Meanwhile, a group of United States publishers and authors is challenging the clause in court, claiming it violates both the first and fifth amendments to the United States Constitution. …
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
UC Law SF Communications and Entertainment Journal
Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
UC Law SF Communications and Entertainment Journal
A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …
Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge
Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge
UIC Law Review
No abstract provided.
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
UC Law SF Communications and Entertainment Journal
There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
UC Law SF Communications and Entertainment Journal
Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.