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Full-Text Articles in Law
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Marquette Intellectual Property Law Review
Patent and copyright law in the United States derives from a constitutional grant of power to Congress, which drafted the Patent and Copyright Acts. The U.S. Supreme Court has addressed the meaning of various terms in the Patent and Copyright Clause, but only addressed the constitutionality of a copyright statute in 2003. The Court has never considered the constitutionality of a patent statute. The purpose of this article is to explore Congress' and the courts' diverging interpretations of the patent and copyright powers. It explores the reasons for this divergence, tracing the historic kinship between the two powers from the …
Some Catching Up To Do, Kara M. Wolke
Some Catching Up To Do, Kara M. Wolke
Vanderbilt Journal of Entertainment & Technology Law
The analysis begins with a discussion of the purposes behind the WPPT and the international recognition of a general sound recording performance right. Part I discusses Congress' partial implementation of the WPPT through the Digital Millennium Copyright Act of 1998 (DMCA) and the digital performance right. Part II explores the value that recognition of the full public performance right under the WPPT would create for the American music industry. Finally, Part III proposes a solution in the form of an amendment to the Copyright Act and the coordination of national and international performance rights organizations.
Sola, Perduta, Abbandonata: Are The Copyright Act And Performing Rights Organizations Killing Classical Music?, Amanda Scales
Sola, Perduta, Abbandonata: Are The Copyright Act And Performing Rights Organizations Killing Classical Music?, Amanda Scales
Vanderbilt Journal of Entertainment & Technology Law
This Note first explores the special concerns faced by classical composers and the distinctions that make classical composition inherently different from popular songwriting. The Note also discusses some of the more recent developments under the Copyright Act that affect composers of art music, most notably the Copyright Term Extension Act and the Fairness in Music Licensing Act. The Note then analyzes the adverse effects that the current state of the law has on classical composers. Ultimately, this Note offers suggestions for composers who wish to protect their works while retaining their artistic integrity and continuing the traditions of classical music, …
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
Faculty Scholarship
The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …