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Articles 1 - 6 of 6

Full-Text Articles in Law

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis Oct 2005

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis

American University Law Review

No abstract provided.


Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa Jan 2005

Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa

Traditional Knowledge and Culture

In 2002, the Conference of the Parties (COP) of the Convention on Biological Diversity (CBD) at its Sixth Meeting adopted the Bonn Guidelines to address access to genetic resources and fair and equitable benefit-sharing arising from use of those resources. In the Bonn Guidelines, the CBD COP invited Parties and governments to encourage disclosure of the country of origin of genetic resources and of associated traditional knowledge in applications for intellectual property where the subject matter of the application concerns or makes use of such knowledge in its development. Since 2002, various proposals to facilitate or to mandate such “disclosure …


Proposal For A Green Patent System: Implications For Sustainable Development And Climate Change, Itaru Nitta Jan 2005

Proposal For A Green Patent System: Implications For Sustainable Development And Climate Change, Itaru Nitta

Sustainable Development Law & Policy

No abstract provided.


Judging Art, Christine Farley Jan 2005

Judging Art, Christine Farley

Articles in Law Reviews & Other Academic Journals

What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …


The Struggle For Music Copyright, Michael W. Carroll Jan 2005

The Struggle For Music Copyright, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …


Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner Jan 2005

Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner

Human Rights Brief

No abstract provided.