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Articles 61 - 76 of 76
Full-Text Articles in Law
Notes On Restitution - 1985, Wendy J. Gordon
Notes On Restitution - 1985, Wendy J. Gordon
Scholarship Chronologically
The principle which allows payment for nondamaging uses of property is, I submit, this one: protecting the system of property from eroding. Looking at the leading case in the area, we see precisely that: the user of the property is required to pay for his use, lest he be placed in a better position than a non-trespasser. Any other rule might encourage erosion of property systems.
Notes On New Organization - 1985, Wendy J. Gordon
Notes On New Organization - 1985, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
Scholarship Chronologically
Not only is there a problem with demarking the resource (e.g., the problem of larger and larger generality that Hand tries to deal with) but there's also a problem with demarking the TYPE OF USE. In DOW JONES, for example, the defendant was merely making reference to (not copying)the average; ditto the NFL case.
Notes On Forms Of Discourse - 1985, Wendy J. Gordon
Notes On Forms Of Discourse - 1985, Wendy J. Gordon
Scholarship Chronologically
Is there anything which can explain the seeming schizophrenia between the courts favoring creators and users? Part of the explanation may lie in “forms of disclosure”: the cognate areas to which attention is directed. Once in the copyright area, you’re in an area where “policy rather than property” governs, and where limitations on rights are as crucial as the rights themselves.
Outline Of Desert Theory - 1985, Wendy J. Gordon
Outline Of Desert Theory - 1985, Wendy J. Gordon
Scholarship Chronologically
Locke suggests that a covetous stranger has no justification to complain of another’s taking possession and ownership of land if, after the owner’s appropriation, “there was as good left, as that already possessed, and more than he [the potential complainer] knew what to do with, or his industry could reach to.”
Outline Of New Organization - 1985, Wendy J. Gordon
Outline Of New Organization - 1985, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Notes On Value And Property - 1985, Wendy J. Gordon
Notes On Value And Property - 1985, Wendy J. Gordon
Scholarship Chronologically
My contention is that “value” should not be the basis for legal protection unless (a) there’s social as well as private value invoked and (b) the legal protection is necessary for the generation of, or protection of, the social value.
Notes On Value - 1985, Wendy J. Gordon
Notes On Value - 1985, Wendy J. Gordon
Scholarship Chronologically
The relation between value and property is very much at the core of this paper. First, as a theoretical matter (Holmes; the Ordinary Observer; custom and interactive pattern.) Second, intellectual products have increased greatly in value, shown both by statistics [3] and also by that unfortunate but fairly reliable secondary indicator of a phenomenon’s social importance: the volume of litigation concerning it.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
Touro Law Review
No abstract provided.
Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Scholarship Chronologically
The legal treatment of the sharing-benefits issue runs along the following Hohfeldian continuum.
Workshop Notes On New Property Rights - 1985, Wendy J. Gordon
Workshop Notes On New Property Rights - 1985, Wendy J. Gordon
Scholarship Chronologically
There’s a growth-by-accretion of new property rights, largely pushed by an unjust enrichment principles. Such a principle is itself without definable 1imits in an interrelated society. My task: looking at this trend from different vantage pts, other than that of pure desert, is the trend a good one. My view is that by and large it is not, but what we’ll discuss today falls far short of any such broad conclusion.
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Vanderbilt Law Review
The 1976 Copyright Act (the 1976 Act) embodies the most extensive reforms in the history of our nation's copyright laws. One proposed reform that is noticeably absent from the statutory scheme, however, is the explicit adoption of protections for the personal rights of creators with respect to their works. Instead,the 1976 Act continues this country's tradition of safeguarding only the pecuniary rights of a copyright owner. By assuring the copyright owner the exclusive rights to reproduce and distribute the original work, to prepare derivative works, and to perform and display publicly certain types of copyrighted works, the 1976 Act focuses …
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance
Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance
Scholarly Works
The eighteenth year of the Freedom of Information Act (FOIA) witnessed a continuation of the trend toward restricting public access to government information. This article discusses the developments under the FOIA in 1984, including legislative developments, administrative developments, and judicial developments.
Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg
Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg
Faculty Scholarship
Following thirteen months of parliamentary deliberations, on July 3, 1985, France enacted a law which brings major reforms and additions to its copyright act of March 11, 1957. The new law becomes effective on January 1, 1986. Among the French modernizations and innovations discussed in this Article are the new law's provisions regarding: computer software protection and ownership; royalties for home taping of audio and audiovisual works; and the recognition and regulation of "neighboring rights." These provisions extend statutory protection for the contributions of performing artists, and also accord reproduction and performance rights to the producers of phono- and videograms. …
Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg
Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg
Faculty Scholarship
The French law protecting authors' rights incorporates two distinct regimes of rights, "pecuniary" rights, and "moral" rights. As the denomination indicates, pecuniary rights pertain to the author's economic interests, and provide the author a monopoly in the reproduction and public performance of his work. Moral rights safeguard the author's "personality" interest in his work. Despite the appellation "moral" rights, the author's claims under French law to the security of his personality as expressed in his work are not precatory: moral rights entail several distinct and enforceable interests. These are: the right to make the work known to the public "droit …