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Articles 1 - 30 of 109
Full-Text Articles in Law
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Federal Communications Law Journal
The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.
From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Federal Communications Law Journal
The second panel of From Conduit to Content: The Emergence of Information Policy and Law addresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond to the diversity of issues, interests, and policymakers?" Participants include Fred H. Cate, Allen S. Hammond, Bruce W. McConnell, Michael Nelson, Janice Obuchowski, and Marc Rotenbergaddresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond …
Panel One: Information Issues: Intellectual Property, Privacy, Integrity, Interoperability, And The Economics Of Information, Anne W. Branscomb, Brian Kahin, Ellen M. Kirsh, P. Michael Nugent, Fred H. Cate
Panel One: Information Issues: Intellectual Property, Privacy, Integrity, Interoperability, And The Economics Of Information, Anne W. Branscomb, Brian Kahin, Ellen M. Kirsh, P. Michael Nugent, Fred H. Cate
Federal Communications Law Journal
The first panel of From Conduit to Content: The Emergence of Information Policy and Law examines the wide range of legal and regulatory issues presented by information, including intellectual property, privacy, free expression, liability for false or damaging expression, interoperability, international trade, antitrust, and government investment in and provision of information. Participants include Anne W. Branscomb, Fred H. Cate, Brian Kahin, Ellen M. Kirsh, and P. Michael Nugent.
From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington Program. Friday, March 3 1995, Washington, D.C.
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Federal Communications Law Journal
Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Washington International Law Journal
This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …
In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim
Washington International Law Journal
Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment …
The End Of Copyright, David Nimmer
The End Of Copyright, David Nimmer
Vanderbilt Law Review
One December 8, 1994, Congress ended the experiment that it commenced on May 31, 1790, in the first Judiciary Act:' legislating an autonomous body of United States copyright law governed by the Copyright Clause of the Constitution. We witnessed, on December 8, a major change of constitutional proportions; even more significantly, we experienced the first tremors of certain tectonic shifts in United States sovereignty; and, perhaps most significantly, we undertook a sea change in defining the end that copyright serves, the identity of the master in the copyright sphere.
I refer to enactment of the Uruguay Round Agreements Act (the …
When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn
When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reverse Confusion: Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson
Reverse Confusion: Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hard Cap Or Soft Cap: The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine
Hard Cap Or Soft Cap: The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
In Re Epstein: A Case Of Patent Hearsay, Dennis M. De Guzman
In Re Epstein: A Case Of Patent Hearsay, Dennis M. De Guzman
Washington Law Review
In In re Epstein, the Federal Circuit held that the United States Patent and Trademark Office may rely on hearsay evidence to reject patent applications. This Note examines the effects of the Epstein decision against the backdrop of software patenting and how administrative agencies have traditionally approached the problem of evaluating hearsay. It argues that the Patent and Trademark Office should articulate standards when scrutinizing hearsay in order to provide guidance to examiners and applicants, to prevent placing an unfair burden on applicants, and to thwart the abuse of the patent system.
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
Washington Law Review
American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …
Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak
Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak
Penn State International Law Review
No abstract provided.
Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges
Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges
Michigan Law Review
A Review of The Commercial Law of Intellectual Property by Peter A. Alces and Harold F. See
Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski
Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski
Buffalo Journal of International Law
No abstract provided.
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
Indiana Journal of Global Legal Studies
No abstract provided.
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz
Federal Communications Law Journal
Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.
This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright Violation And Personal Liability In Education: A Current Look At "Fair Use", John Wm. Maddox
Copyright Violation And Personal Liability In Education: A Current Look At "Fair Use", John Wm. Maddox
Brigham Young University Education and Law Journal
No abstract provided.
Patent & Trademark Depository Library Association Newsletter
Patent & Trademark Depository Library Association Newsletter
Journal of the Patent and Trademark Resource Center Association
No abstract provided.
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson
The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee
Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter
Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.