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1992

Intellectual Property Law

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Articles 1 - 30 of 85

Full-Text Articles in Law

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive Dec 1992

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive

Michigan Law Review

This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.


A Selective View Of History: Feist Publications, Inc. V. Rural Telephone Service Co., Jennifer R. Dowd Dec 1992

A Selective View Of History: Feist Publications, Inc. V. Rural Telephone Service Co., Jennifer R. Dowd

Boston College Law Review

No abstract provided.


Ascap, Bmi And The Public Performance Of Copyrighted Music, Randall Coyne Nov 1992

Ascap, Bmi And The Public Performance Of Copyrighted Music, Randall Coyne

Randall Coyne

No abstract provided.


Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines Oct 1992

Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad Oct 1992

New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg Oct 1992

Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg

Washington Law Review

This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act. Instead, this Article looks critically at the immediate, potential ...


Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick Oct 1992

Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard Oct 1992

Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan Oct 1992

Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A View From Below, Denis J. Mclnerney Oct 1992

A View From Below, Denis J. Mclnerney

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo Oct 1992

The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi Oct 1992

The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati Oct 1992

China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green Oct 1992

Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr Sep 1992

Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr

Law Faculty Scholarship

This paper begins with the Solicitor [of the U.S. Patent and Trademark Office]'s explanation of the term "unpublished." It then reviews various kinds of published PTO decisions where the precedential effect of unpublished decisions has been addressed. There, we see that the PTO has generally not ignored unpublished precedent--at least, deliberately--and that the Solicitor agrees that this may not be done. Next, this paper examines the almost universal practice of federal appeals courts disallowing use of their unpublished decisions as precedent--and some of the reasons for widespread criticism of that practice. It also discusses some of the reasons ...


Thin Copyrights, Dale P. Olson Sep 1992

Thin Copyrights, Dale P. Olson

West Virginia Law Review

No abstract provided.


Misappropriation Of Trade Secrets In Oklahoma, Randall Coyne Jun 1992

Misappropriation Of Trade Secrets In Oklahoma, Randall Coyne

Randall Coyne

No abstract provided.


Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison Jun 1992

Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison

Michigan Law Review

This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases ...


The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren May 1992

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg


An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu May 1992

An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu

William & Mary Law Review

No abstract provided.


Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird Mar 1992

Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird

Brigham Young University Journal of Public Law

No abstract provided.


Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden Mar 1992

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas Mar 1992

Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas

Brigham Young University Education and Law Journal

No abstract provided.


Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz Mar 1992

Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner Mar 1992

The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein Mar 1992

Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras Mar 1992

Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii Mar 1992

Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor Mar 1992

Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy Jan 1992

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking ...