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- Fordham Intellectual Property, Media and Entertainment Law Journal (6)
- Pepperdine Law Review (6)
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Articles 1 - 30 of 37
Full-Text Articles in Law
A Three-Tiered Public Policy Approach To Copyright Misuse In The Context Of Tying Arrangements, Sandy Azer
A Three-Tiered Public Policy Approach To Copyright Misuse In The Context Of Tying Arrangements, Sandy Azer
Fordham Law Review
Over two decades since the copyright misuse doctrine was first recognized in Lasercomb America, Inc. v. Reynolds, a uniform approach for determining whether a specific behavior constitutes misuse still does not exist. Circuit courts have commonly applied two competing approaches to the misuse analysis. One approach centers on the public policy underlying copyrights; the other approach centers on antitrust principles. This Note explores relevant jurisprudence and elucidates the shortfalls of each approach. It then proposes a compromise that underscores the interplay between copyright and antitrust laws. The proposed resolution aims to provide a much–needed uniform misuse analysis that does …
Limiting Innovation Through Willful Blindness, Timothy Wiseman
Limiting Innovation Through Willful Blindness, Timothy Wiseman
Nevada Law Journal
No abstract provided.
Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell
Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
Indiana Law Journal
Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.
One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …
The Illusion Of Copyright Infringement Protection, Jenny Small
The Illusion Of Copyright Infringement Protection, Jenny Small
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Chicago-Kent Journal of Intellectual Property
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Indiana Journal of Law and Social Equality
No abstract provided.
Appropriation And Transformation, Darren Hudson Hick
Appropriation And Transformation, Darren Hudson Hick
Fordham Intellectual Property, Media and Entertainment Law Journal
The recent decision in Cariou v. Prince has reinvigorated a pressing issue for the contemporary movement of appropriation art: how can art which is defined by its taking from other artworks hope to survive in the world of copyright? In this article, I consider the legal history leading to the Cariou case, including a series of suits brought against appropriation artist Jeff Koons, as well as strategies proposed by several theorists for accommodating appropriation art within the law. Unfortunately, largely due to vagaries of the law and the misunderstood nature of appropriation art, the matter remains unresolved. I argue that, …
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Fordham Intellectual Property, Media and Entertainment Law Journal
In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205 (2000), the United States Supreme Court held that, in order for a product design to be protectable under § 43(a) of the Lanham Act, the product design must first acquire a secondary meaning. Writing for the Court, Justice Scalia, reasoned that consumers, as a rule, do not expect a product’s design to serve as an indicator of source. The Court stated that product designs, like colors, do not ordinarily operate as source indicators, and that is why the Court established its rule that a product design must acquire a …
Fifty Shades Of Transformation, Danielle Meeks
Fifty Shades Of Transformation, Danielle Meeks
Pace Intellectual Property, Sports & Entertainment Law Forum
Danielle Meeks explores the recent trend of publishing fan fiction, brought to the forefront by the popularity of the Fifty Shades trilogy. Creating a work within another author's copyrighted fictional universe for profit is analyzed under the fair use doctrine and by comparing substantial similarities between Fifty Shades and the Twilight series to determine if the trilogy is transformative enough to survive a potential lawsuit.
The General Revision Of The Copyright Law - From Bare Bones To Corpulence - A Partial Overview, Andrew E. Katz
The General Revision Of The Copyright Law - From Bare Bones To Corpulence - A Partial Overview, Andrew E. Katz
Pepperdine Law Review
No abstract provided.
The 1976 Copyright Revision Act And Authors' Rights: A Negative Overview, Arthur Stanley Katz
The 1976 Copyright Revision Act And Authors' Rights: A Negative Overview, Arthur Stanley Katz
Pepperdine Law Review
No abstract provided.
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Fordham Intellectual Property, Media and Entertainment Law Journal
Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …
Access Denied: How Social Media Accounts Fall Outside The Scope Of Intellectual Property Law And Into The Realm Of The Computer Fraud And Abuse Act, Tiffany Miao
Fordham Intellectual Property, Media and Entertainment Law Journal
This note addresses the challenge of applying intellectual property laws to determining ownership rights over social media accounts, specifically in the employer and employee context. This note suggests that IP regimes, namely Trademark, Copyright,and Trade Secrets, fail to provide an adequate framework for determining such ownership rights. Instead, this note proposes that the Computer Fraud and Abuse Act serves as a more appropriate legal framework.
The Incompatibility Of Droit De Suite With Common Law Theories Of Copyright, Alexander Bussey
The Incompatibility Of Droit De Suite With Common Law Theories Of Copyright, Alexander Bussey
Fordham Intellectual Property, Media and Entertainment Law Journal
Although proponents have recently been attempting to strengthen droit de suite, or artists' resale royalty rights, throughout the world, all laws based on the right are flawed — so much so that further implementation would have almost none of the positive effects that its sponsors hope for. This is to say that droit de suite, which is meant to protect young artists, actually discourages the creation of art by young artists, and reduces the amount of money an artist can make from a sale. Furthermore, droit de suite conflicts with basic common law notions of copyright and property and is …
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
IP Theory
No abstract provided.
A Book By Any Other Name: E-Books And The First Sale Doctrine, Elizabeth Mckenzie
A Book By Any Other Name: E-Books And The First Sale Doctrine, Elizabeth Mckenzie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Chicago-Kent Journal of Intellectual Property
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …
Code-Ifying Copyright: An Architectural Solution To Digitally Expanding The First Sale Doctrine, Evan Hess
Code-Ifying Copyright: An Architectural Solution To Digitally Expanding The First Sale Doctrine, Evan Hess
Fordham Law Review
As the internet blossomed into ubiquity, piracy mushroomed with it. To control the threat, Congress passed the Digital Millennium Copyright Act (DMCA). The DMCA created a number of safeguards for copyright holders. But the DMCA purposely ignored whether copyright holders could restrict future transfers of their legally purchased work—a concept known in physical property as the “first sale doctrine.” As a result, copyright holders began using licenses to control future transfers of their digital property.
This was not the first time copyright holders have attempted to gain greater control over their work. The history of copyright law demonstrates a pattern …
Liberating The Library: Fair Use Mostly Upheld For University E-Reserves In Cambridge University Press V. Becker, Jennifer Findley
Liberating The Library: Fair Use Mostly Upheld For University E-Reserves In Cambridge University Press V. Becker, Jennifer Findley
Mercer Law Review
Libraries and universities across the country had Georgia on their minds as they waited in anticipation for over a year for the outcome of a case. before the United States District Court for the Northern District of Georgia. On May 11, 2012, in Cambridge University Press v. Becker, Judge Orinda Evans answered a question of vital importance to librarians and university officials ever since the passage of the Copyright Act of 1976: does copyright infringement occur if a nonprofit institution makes copies for the classroom for a nonprofit educational purpose? In a 350-page opinion, the court answered with a …
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Pepperdine Law Review
No abstract provided.
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose
Pepperdine Law Review
The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Pepperdine Law Review
No abstract provided.
States Escape Liability For Copyright Infringement?, Michelle V. Francis
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.
News On The Internet, Robert Denicola
News On The Internet, Robert Denicola
Fordham Intellectual Property, Media and Entertainment Law Journal
Newspapers are in trouble. Circulation and advertising are down as readers shift from print to online media. Although changing reader preferences and the loss of lucrative classified advertising to online sources are major worries, the news media seems preoccupied with news aggregators and bloggers who distribute news content on the internet without permission. Newspapers are not the only ones worried about the unauthorized distribution of "their" news on the internet. Financial services companies are unhappy about the distribution of their "hot" stock recommendations and other content providers seek to control online news ranging from movie schedules to business ratings. Traditional …
The Immorality Of Strict Liability In Copyright, Steven Hetcher
The Immorality Of Strict Liability In Copyright, Steven Hetcher
Marquette Intellectual Property Law Review
I will argue for a fundamental reconceptualization of liability for copyright infringement. Specifically, I will argue that the essentially unchallenged orthodoxy that copyright infringement is a strict liability tort is false. From the Supreme Court on down, it does not even appear to be questioned that copyright infringement applies a strict liability standard. Upon reflection, this is peculiar, given that this is anything but an innocuous doctrine. It is just the opposite; it is a doctrine that strongly favors copyright owners who may more easily prevail in infringement suits, as it will always be easier to establish strict liability as …
The End Of Ownership?, Donald F. Jankowski Ii
The End Of Ownership?, Donald F. Jankowski Ii
Marquette Intellectual Property Law Review
Imagine for a moment that you are in the market for a new car. You find a sports car that you like, talk with a salesperson and ultimately purchase a new automobile. This car is effectively the same as thousands of other cars. It is a copy. You were not under the impression that you were buying the rights to the design of the car or to reproduce the car to the exact specifications as your own copy. However, you believe that you can do with this car what you will. You can put bigger wheels on it, put stickers …
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Marquette Intellectual Property Law Review
None
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Marquette Intellectual Property Law Review
None.