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- Keyword
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- Intellectual property (15)
- Locke (8)
- Copyright law (5)
- Property (5)
- Property rights (5)
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- Copyright (4)
- Infringement (4)
- Privacy (4)
- Desert (3)
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- Columbia-VLA Journal of Law and the Arts (2)
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- Law and economics (2)
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- Right to exclude (2)
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- Trademark (2)
- Trademarks (2)
- Unfair competition (2)
- Publication
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- Scholarship Chronologically (29)
- UC Law SF Communications and Entertainment Journal (17)
- UIC John Marshall Journal of Information Technology & Privacy Law (8)
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- Faculty Scholarship (2)
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Articles 31 - 60 of 76
Full-Text Articles in Law
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.
Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.
Vanderbilt Journal of Transnational Law
This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …
The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker
The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker
Vanderbilt Journal of Transnational Law
Trade treaty partners recently have determined that the manufacturing clause violates United States obligations under the General Agreement on Tariffs and Trade (GATT). If the clause does violate GATT, sanctions may be imposed unless the clause is eliminated. Even so, two bills have been introduced in the United States Congress to make the clause a permanent feature of the copyright law, and to apply the manufacturing requirement to all printed materials. Meanwhile, a group of United States publishers and authors is challenging the clause in court, claiming it violates both the first and fifth amendments to the United States Constitution. …
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.
Note On Trademarks - 1985, Wendy J. Gordon
Note On Trademarks - 1985, Wendy J. Gordon
Scholarship Chronologically
There's currently a debate about whether tmks owners shd be entitled to control strangers' usage of their tmks where the offending usage causes no confusion as to source. Usually the debate is conducted on usual lines on the eco side, whether the increase in incentives (for both production and devt) justifies the decrease in quantity & competitive sources. On the authors' rights side, whether the originators shd have any particular rights in tmks cuz of origination.
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
UC Law SF Communications and Entertainment Journal
Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
UC Law SF Communications and Entertainment Journal
A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …
Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge
Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge
UIC Law Review
No abstract provided.
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Law Faculty Scholarship
Taking up trademarks, patents, copyrights, and trade secrets (in that order), [this article] will attempt to summarize briefly the ways in which such rights arise, are perfected, and are enforced. It will also discuss a hypothetical in which all of these options will be discussed in a comparative way. Finally, it will suggest that basic improvements in the area could be realized by dispensing with the often confusing and arbitrary subject matter distinctions which characterize the various subparts of the present intellectual property system.
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
UC Law SF Communications and Entertainment Journal
There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
UC Law SF Communications and Entertainment Journal
Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.
Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack
Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack
UC Law SF Communications and Entertainment Journal
The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public's interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC's diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC …
Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker
Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker
UC Law SF Communications and Entertainment Journal
Newspaper owners presently have both the ability and the inclination to limit the flow of information to the public. One device they use to suppress the flow of information is the threat of discharging recalcitrant employees. The author explains the "checking" function of the press on the government and how that function is impaired by newspaper owners' tendencies to limit or suppress the publication of certain information. The author also discusses the dilemma faced by editors in adhering to their journalistic standards while still enforcing the newspaper owner's policies. The author proposes that California's bar against discharges motivated by purposes …
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
UC Law SF Communications and Entertainment Journal
Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.
Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen
Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen
UC Law SF Communications and Entertainment Journal
Publicity rights, the rights to control the use of the name, likeness and photograph of a person, are now descendible by statute. The author examines recent legislation on publicity rights, specifically focusing on how it affects the descendibility of such rights. The author criticizes the legislation and proposes an alternative to what the Legislature has bequeathed to celebrities, their heirs, and the public.
Notes On Conversations With Jim White - 1985, Wendy J. Gordon
Notes On Conversations With Jim White - 1985, Wendy J. Gordon
Scholarship Chronologically
Jim White suggested looking at the institutional issues separately from the issue of ideal outcomes.
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Scholarship Chronologically
One common justification of intellectual property rights seems to rest with an appreciation of the creator's labors. Since he has exerted effort, and created something of value, he seems to deserve something for his pains. A claim of ownership over the thing created is sometimes considered a fitting reward.
Conversation With Whit Gray - 1985, Wendy J. Gordon
Conversation With Whit Gray - 1985, Wendy J. Gordon
Scholarship Chronologically
Whit Gray argued that even for things most of us would feel comfy saying AREN'T property, like the "idea" of shopping malls, we wouldn't feel so comfy with copying if the blueprints for the idea were copied prior to the time they became public. He argues also, that something more than "privacy" is at issue in our anger at visualizing such an intrusive prepublication copying.
Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon
Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon
Scholarship Chronologically
When a legal rule is set forth, it usually describes real-world events and says, there’s a consequence, such as a right of action (or a criminal act, or a right to compensation) which follows if these real-world events are present. As all lawyers know, of course, such statements of rules don’t mean exactly what they say. Real-world events that aren’t described in the rule may come to be treated as if they are within the rule, because the courts feel that the not-mentioned items satisfy all the same purposes as the listed items do, when the overall purposes of the …
Notes On Nomenclature - 1985, Wendy J. Gordon
Notes On Nomenclature - 1985, Wendy J. Gordon
Scholarship Chronologically
The ordinary linkage between "property" and "thing" can be seen in the most common name given to the set of intellectual products. They are called "intellectual property."
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …
Death Of A Salesman's Doctrine : A Critical Look At Trademark Use, Michael Henry Davis
Death Of A Salesman's Doctrine : A Critical Look At Trademark Use, Michael Henry Davis
Law Faculty Articles and Essays
A trademark is a salesman. It does the work of its owner by wearing a smile, by presenting a good image, and in Willy Loman's words, by being well liked. It is, of course, the usual view that the death of the salesman, Willy Loman, was a suicide. Due to the assault upon the requirement of prior trademark use and the growth of a token use doctrine, what happened to Willy Loman has happened to the trademark use doctrine. In the end, it seemed too expensive and it was killed off—partially by its own hand, due to its own internal …
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson
Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson
Vanderbilt Journal of Transnational Law
Conflicts in interpretations of section 42 of the Lanham Act and section 526 of the Tariff Act of 1930 have led to divergent results in several federal courts. Although advocates on each side of the controversy present valid arguments supporting their positions, the dispute should be resolved by analyzing the purpose of the Lanham Act and the Tariff Act. The goal of these acts is protection of consumers and United States industry. Strict application of these statutes would achieve this result. Parallel imports provide goods at lower prices but confuse the consumer as to the origin of the goods and …
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
Touro Law Review
No abstract provided.
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Scholarship Chronologically
One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.
Common Law Analogies - 1985, Wendy J. Gordon
Common Law Analogies - 1985, Wendy J. Gordon
Scholarship Chronologically
By the usual principles of claim-staking, casually viewed, the person who describes a new form of i/p seems to possess it. This may be one explanation for the property lure.
The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch
The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch
UIC Law Review
No abstract provided.