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Articles 31 - 60 of 297
Full-Text Articles in Law
I Am Glad I Got To Know Him, David E. Shipley
I Am Glad I Got To Know Him, David E. Shipley
Journal of Intellectual Property Law
No abstract provided.
The Lesson Patterson Taught, Lawrence Lessig
The Lesson Patterson Taught, Lawrence Lessig
Journal of Intellectual Property Law
No abstract provided.
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Journal of Intellectual Property Law
No abstract provided.
Remembering L. Ray Patterson, Paul J. Heald
Remembering L. Ray Patterson, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
A Tribute To Professor L. Ray Patterson, Kristen M. Beystehner
A Tribute To Professor L. Ray Patterson, Kristen M. Beystehner
Journal of Intellectual Property Law
No abstract provided.
Patent Reexamination Post Litigation: It's Time To Set The Rules Straight, Tremesha S. Willis
Patent Reexamination Post Litigation: It's Time To Set The Rules Straight, Tremesha S. Willis
Journal of Intellectual Property Law
No abstract provided.
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise
Journal of Intellectual Property Law
No abstract provided.
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Journal of Intellectual Property Law
No abstract provided.
The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn
The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn
Journal of Intellectual Property Law
No abstract provided.
Claims As Pointers: The Statutory Approach To Claim Construction, Joseph Mueller
Claims As Pointers: The Statutory Approach To Claim Construction, Joseph Mueller
Journal of Intellectual Property Law
No abstract provided.
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
American Corporate Copyright: A Brilliant, Uncoordinated Plan, Paul J. Heald
Journal of Intellectual Property Law
No abstract provided.
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey
Journal of Intellectual Property Law
This article explores the copyright principle of media neutrality in the context of three sets of cases dealing with videogame enhancements, database compilations, and peer-to-peer file sharing. In each set of cases, at least one court produces a judgment which relies heavily on technological distinctions among electronic storage and retrieval systems, in apparent contravention of the media neutrality principle. Media neutrality confers fairly broad authority on courts to extend protection to copyrighted content distributed through new technologies. However, judicial concerns about the relative institutional competencies of Congress and the courts, most clearly expressed in the Sony decision, rightly impose limitations …
Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman
Nobility Of Interpretation: Equity, Retrospectivity, And Collectivity In Implementing New Norms For Performers' Rights, Antony Taubman
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt
Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt
Journal of Intellectual Property Law
No abstract provided.
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
Journal of Intellectual Property Law
No abstract provided.
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Journal of Intellectual Property Law
No abstract provided.
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Journal of Intellectual Property Law
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Journal of Intellectual Property Law
No abstract provided.
Machinima And Copyright Law, Matthew Brett Freedman
Machinima And Copyright Law, Matthew Brett Freedman
Journal of Intellectual Property Law
No abstract provided.
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Journal of Intellectual Property Law
No abstract provided.
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Journal of Intellectual Property Law
No abstract provided.
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Journal of Intellectual Property Law
The monopoly theory of trademarks would antitrustize trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi
Journal of Intellectual Property Law
No abstract provided.
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Journal of Intellectual Property Law
This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Journal of Intellectual Property Law
No abstract provided.
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Journal of Intellectual Property Law
No abstract provided.