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Full-Text Articles in Law
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
University of Miami Entertainment & Sports Law Review
No abstract provided.
Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells
Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells
West Virginia Law Review
No abstract provided.
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Duke Law Journal
No abstract provided.
The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison
The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison
Vanderbilt Journal of Transnational Law
The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Law and Contemporary Problems
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Law and Contemporary Problems
Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.
Design Protection And The Legislative Agenda, J. H. Reichman
Design Protection And The Legislative Agenda, J. H. Reichman
Law and Contemporary Problems
An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Law and Contemporary Problems
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Law and Contemporary Problems
The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Law and Contemporary Problems
Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.
Grading The Performance Of A Legislator, Leo J. Raskind
Grading The Performance Of A Legislator, Leo J. Raskind
Law and Contemporary Problems
The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.
Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange
Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange
Law and Contemporary Problems
No abstract provided.
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
Law and Contemporary Problems
Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.
Understanding Fair Use, L. Ray Patterson
Understanding Fair Use, L. Ray Patterson
Law and Contemporary Problems
Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.
Originality And Creativity In Copyright Law, Howard B. Abrams
Originality And Creativity In Copyright Law, Howard B. Abrams
Law and Contemporary Problems
Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
Law and Contemporary Problems
The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.
Copyright And Information Policy, Jessica Litman
Copyright And Information Policy, Jessica Litman
Law and Contemporary Problems
The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.
Copyright, Paul Goldstein
Copyright, Paul Goldstein
Law and Contemporary Problems
The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Law and Contemporary Problems
The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Law and Contemporary Problems
The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
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.
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
Seattle University Law Review
This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.
Recent Developments In The Law Of The European Communities, Vivienne Robinson
Recent Developments In The Law Of The European Communities, Vivienne Robinson
Duke Journal of Comparative & International Law
No abstract provided.
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
Journal of Law and Health
This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.
The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …