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Articles 1 - 15 of 15
Full-Text Articles in Law
Of Bread And Roses And Copyrights, Linda J. Lacey
Of Bread And Roses And Copyrights, Linda J. Lacey
Duke Law Journal
No abstract provided.
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
University of Miami Entertainment & Sports Law Review
No abstract provided.
Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher
University of Miami Entertainment & Sports Law Review
No abstract provided.
Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
Scholarship Chronologically
The First Circuit in Decosta II recognized something r-ar-ely focused on, but of great importance-- namely, the following question: assuming there are applicable federal ·al policies of non-protection, do those policies for-bid only direct state attempts to restrain copying, or- do they also for-bid any state law which has as one of its effects a restraint on copying?
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
University of Miami Entertainment & Sports Law Review
No abstract provided.
Colorization: Removing The Green, Richard T. Kilgore
Colorization: Removing The Green, Richard T. Kilgore
University of Miami Entertainment & Sports Law Review
No abstract provided.
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Library Staff Publications
No abstract provided.
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
Penn State International Law Review
The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
Scholarship Chronologically
One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve …
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
Faculty Scholarship
Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.
"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."
A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …
Trademark And Copyright: How Intimate Should The Close Association Become, Lee B. Burgunder
Trademark And Copyright: How Intimate Should The Close Association Become, Lee B. Burgunder
Santa Clara Law Review
No abstract provided.
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").