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Articles 1 - 3 of 3
Full-Text Articles in Law
Patently Inconsistent: State And Tribal Sovereign Immunity In Inter Partes Review, John Mixon
Patently Inconsistent: State And Tribal Sovereign Immunity In Inter Partes Review, John Mixon
St. John's Law Review
(Excerpt)
This Note is composed of four parts. Part I reviews the origins, development, and purpose of both tribal and state sovereign immunity, compares the two doctrines, and concludes that the two are functionally the same despite deriving from different historical roots. Part II provides an overview of the history and purpose behind the patent system, the America Invents Act, and IPRs. Part II also analyzes the constitutionality of IPRs, as decided by the Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. Part III introduces and addresses the five IPR decisions on state sovereign …
"The Song Is Ended But The Melody Lingers On": Protecting The Cultural History Of The Great American Songbook In The Face Of The Public Domain, Mollie Galchus
"The Song Is Ended But The Melody Lingers On": Protecting The Cultural History Of The Great American Songbook In The Face Of The Public Domain, Mollie Galchus
St. John's Law Review
(Excerpt)
Part I of this Note discusses the history of American popular song from the late nineteenth century to the mid-twentieth century, showing how the music of the Great American Songbook is particularly monumental in that its sophistication and conglomeration of different musical influences created a unique American musical framework. Part II discusses the framework of music copyright law, including theories of music copyright law, the evolution of the length of music copyright terms in the United States, and the history of the CTEA. Part III argues that Congress should not extend the duration of music copyright now that the …
In Lieu Of Moral Rights For Ip-Wronged Music Vocalists: Personhood Theory, Moral Rights, And The Wppt Revisited, Tuneen E. Chisolm
In Lieu Of Moral Rights For Ip-Wronged Music Vocalists: Personhood Theory, Moral Rights, And The Wppt Revisited, Tuneen E. Chisolm
St. John's Law Review
(Excerpt)
The Introduction of this Article has identified some of the noneconomic harms of concern. Part I summarizes and compares copyright ownership, control, and existing protections for authors of music compositions and sound recordings under the Copyright Act. It also summarizes pertinent music industry practices that impact third party use of recorded vocalist performances. Part II provides a foundation for understanding the nature of legal protections for creative works and the philosophical underpinnings of copyright law and moral rights, comparing utilitarianism and natural rights theory to personhood theory. It also provides a brief explanation of moral rights. Part III looks …