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- UC Law SF Communications and Entertainment Journal (25)
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Articles 1 - 30 of 61
Full-Text Articles in Law
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Michigan Law Review
This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …
Section 117 Of The Copyright Act, Robert A. Kreiss
Section 117 Of The Copyright Act, Robert A. Kreiss
BYU Law Review
No abstract provided.
The Nonobviousness Of Inventions: In Search Of A Functional Standard, Kathleen N. Mckereghan
The Nonobviousness Of Inventions: In Search Of A Functional Standard, Kathleen N. Mckereghan
Washington Law Review
The Patent Act of 1952 introduced the nonobviousness requirement into patentability analysis. Historically vague, the nonobviousness requirement remains poorly defined. Courts currently use a variety of tests for nonobviousness, none of which correctly reflects the requirement's constitutional and technical role. This Comment proposes a functional standard embodying four elements: constitutional policy, technical advance, logical analysis, and active perspective.
Public Domain: Available But Not Always Free, Edward M. Cramer, Lauren Block
Public Domain: Available But Not Always Free, Edward M. Cramer, Lauren Block
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Protection Provisions Prohibiting “Deceptive Practices” And “False Advertising”: Proper Vehicles For The Protection Of Intellectual Property, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
University of Miami Inter-American Law Review
No abstract provided.
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Recognition Of Performance Art Author Moral Rights
Federal Recognition Of Performance Art Author Moral Rights
Washington and Lee Law Review
No abstract provided.
Determining The Scope Of Copyright Protection For A Computer Program's Nonliteral Elements: Is It As Easy As 1*2*3*?*
Washington and Lee Law Review
No abstract provided.
Reexamining Trademark Dilution, David S. Welkowitz
Reexamining Trademark Dilution, David S. Welkowitz
Vanderbilt Law Review
It is unlikely that you ever will see a Kodak chair or a Rolls Royce candy bar. No doubt Eastman Kodak and Rolls Royce would have an army of lawyers in court to have the interlopers sentenced to ignominy (unless, of course, these companies suddenly went into the furniture or candy business). But suppose you did see these products. What would you think? Would you think that Kodak was diversifying? Would you believe that Rolls Royce had gone the way of Calvin Klein, apparently licensing its name for a fast profit? And if not, would these interlopers affect the way …
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg
With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg
UC Law SF Communications and Entertainment Journal
The common law has not looked favorably upon republishers of defamatory material, believing that "one who republishes a libel adopts it as his own." Starting from the fair report privilege and moving to the wire service defense and neutral reportage, courts have gradually carved out niches of protection for republishers. This Article first analyzes the wire service defense and proposes that it should be expanded to cover republished stories about public and private figures from reliable publications. After examining the history of neutral reportage, this Article then proposes a new constitutional privilege: Media defendants may rely on the privilege of …
Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill
Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill
UC Law SF Communications and Entertainment Journal
Audiotex is a mass communication service provided through the telephone network. As such, it may be a forerunner of an era of convergence in which information services may be considered under both mass communication and common carrier law. This Article examines some of the problems that arise from the application of first amendment principles to a medium of common carriage, especially the extent to which carriers may make editorial decisions concerning the content of information services.
Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen
Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen
UC Law SF Communications and Entertainment Journal
Theater and film producers are hampered in their fundraising efforts by inconsistent and irrelevant securities laws. At the same time, investors are not adequately protected by the current disclosure requirements, which are costly and uninformative. Public policy in general, and New York practice in particular, support affirmative changes in this situation. This Note proposes uniform laws and guidelines, specifically adapted to stage and screen, that should be adopted by the SEC, the NASAA, and the individual states.
The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden
The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden
UC Law SF Communications and Entertainment Journal
Title 17, section 505 of the United States Code allows a court, in its discretion, to award reasonable attorney's fees to the prevailing party in cases that arise under the Copyright Act. This Article focuses on the single issue of when the court should exercise this discretion. With no guidance from the statute or legislative history as to what the bounds of "discretion" are in this province, five circuits have adopted comprehensive yet conflicting standards. The law in these circuits, as well as the developing law in the remaining eight circuits, is discussed and analyzed.
Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin
Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin
UC Law SF Communications and Entertainment Journal
Minority tax certificates have emerged as an important factor in transactions involving broadcast and cable properties. Since 1989, minority tax certificates have been issued in connection with the sale of broadcast stations and cable television systems totalling over $1 billion. This article explains the origin and use of tax certificates, from both the buyer's and seller's perspective.
Preventing The Misappropriation Of Identity: Beyond The Right Of Publicity, Seth E. Bloom
Preventing The Misappropriation Of Identity: Beyond The Right Of Publicity, Seth E. Bloom
UC Law SF Communications and Entertainment Journal
The appropriation of an individual's name or likeness without that individual's consent subjects defendants to civil liability under the tort law doctrine known as the "right of publicity." While, as originally formulated, the doctrine protected only a person's name or likeness from misappropriation, in recent years the right of publicity has been substantially expanded to broadly protect against the misappropriation of one's "identity." While the original formulation of the doctrine may have been unnecessarily restrictive, expanding the protection afforded by the right of publicity to include characteristics beyond merely name or likeness carries its own dangers of foreclosing a substantial …
Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus
Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus
UC Law SF Communications and Entertainment Journal
Digital sampling has developed into an essential tool in the production of a Rap music album. Indeed, sampling gives the genre its artistic vitality in its tendency to comment upon our society through a post-modem patchwork message. Attempting to stifle this message by sanctioning samplers through litigation using existing copyright law is undesirable. The needs of both samplers and the artists that they sample can be satisfied through the use of a voluntary, transactional licensing scheme. Sampled artists will receive recognition and reasonable royalties, and samplers will be unhindered in their creative production processes.
Rose Is In Red, Black Sox Are Blue: A Comparison Of Rose V. Giamatti And The 1921 Black Sox Trial, Michael W. Klein
Rose Is In Red, Black Sox Are Blue: A Comparison Of Rose V. Giamatti And The 1921 Black Sox Trial, Michael W. Klein
UC Law SF Communications and Entertainment Journal
When Cincinnati Reds manager Pete Rose received his banishment from Major League Baseball in 1989, after he was accused of betting on his own team, comparisons were immediately drawn to the Black Sox, the eight members of the White Sox who were banned from the game for allegedly throwing the 1919 World Series in return for payoffs from gamblers. Such comparisons are incomplete without an understanding of the legal settings of both incidents. This Note examines the judicial deference given to decisions of the Commissioner of Baseball and considers such deference in conjunction with Major League Baseball's unique exemption from …
The Art Auctioneer: Duties And Assumptions, Jorge Contreras
The Art Auctioneer: Duties And Assumptions, Jorge Contreras
UC Law SF Communications and Entertainment Journal
The sale of unique art objects at auctions has grown into a multi-million dollar industry in the United States, yet it is still regulated by antiquated notions of agency and sales law. This Article analyzes the legal rules which affect art auctioneers in light of some "common sense" assumptions about the auction process. It reveals that some practices of modem art auctioneers violate these basic assumptions and proposes a set of rules for art auctioneers that conforms with them.
Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof
Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof
UC Law SF Communications and Entertainment Journal
In an age when businesses survive on the purchase and sale of information, finding new ways to protect personal information is important. Caller identification displays a caller's telephone number to the recipient of the call. Businesses use the identified number to access personal information about the caller and to create mailing lists. Meanwhile, telephone companies make a tidy profit charging for number identification. Therefore, this Comment, rather than claiming caller identification violates constitutional privacy rights, argues that caller identification violates a caller's rights and tortiously appropriates his name and likeness.
Researching The Law Of Sports: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
Researching The Law Of Sports: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.