Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- Fordham Law School (10)
- University of Miami Law School (4)
- Duke Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
-
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- Osgoode Hall Law School of York University (1)
- Santa Clara Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Washington School of Law (1)
- Western New England University School of Law (1)
- Publication
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (10)
- University of Miami Entertainment & Sports Law Review (3)
- Articles in Law Reviews & Other Academic Journals (1)
- Cornell International Law Journal (1)
- Dalhousie Law Journal (1)
-
- Duke Journal of Comparative & International Law (1)
- Duke Law Journal (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgia State University Law Review (1)
- Osgoode Hall Law Journal (1)
- Santa Clara Law Review (1)
- Scholarly Works (1)
- Scholarship Chronologically (1)
- University of Miami Law Review (1)
- Washington International Law Journal (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Copyright In Legal Documents, David Vaver
Copyright In Legal Documents, David Vaver
Osgoode Hall Law Journal
Original legal documents and forms have long enjoyed copyright protection. After looking at Commonwealth and U.S. decisions, the author discusses the nature, extent, and desirability of protection. An examination of the technicalities of copyright protection reveals a law drafted in broad generalities and ill-suited to respond adequately to the common practices arising from this class and, by implication, other classes of creative work. The author concludes by suggesting practical ways in which legislators, lawyers, and judges can solve some of the copyright problems generated through the use of legal documents.
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
University of Miami Entertainment & Sports Law Review
No abstract provided.
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
University of Miami Entertainment & Sports Law Review
No abstract provided.
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong
Duke Journal of Comparative & International Law
No abstract provided.
Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson
Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson
Scholarly Works
The purpose of this essay is to define and explore the meaning of "the exclusive Right" in the Intellectual Property Clause of the United States Constitution as related to the promotion of learning, the public domain, and authors. Without a clear understanding of this key term, one is likely to be unaware that lower federal courts are continually making rulings contrary to both the Copyright Clause and the Copyright Act. The classic example is the judicially created sweat-of-the-brow copyright, which in 1991 -- after seventy-five years of precedent -- the Supreme Court decreed to be unconstitutional. Other bad precedents, such …
Byte After Byte, The Courts Nibble Away At Copyright Protection Of Software, Virginia Ann Johnson
Byte After Byte, The Courts Nibble Away At Copyright Protection Of Software, Virginia Ann Johnson
Georgia State University Law Review
No abstract provided.
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.
Introduction, Hugh C. Hansen
Introduction, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury
The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz
The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trends And Developments In The European Community Affecting The Motion Picture Industry, Bernard R. Sorkin
Trends And Developments In The European Community Affecting The Motion Picture Industry, Bernard R. Sorkin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks
Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Past And Current Trends In The Evolution Of Design Protection Law – A Comment, J.H. Reichman
Past And Current Trends In The Evolution Of Design Protection Law – A Comment, J.H. Reichman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright In The European Economic Community, Jean-Francois Verstrynge
Copyright In The European Economic Community, Jean-Francois Verstrynge
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
University of Miami Entertainment & Sports Law Review
No abstract provided.
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
University of Miami Law Review
No abstract provided.
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
Duke Law Journal
No abstract provided.
Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser
Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser
Dalhousie Law Journal
Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …
The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch
The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen
"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen
Faculty Scholarship
Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.
Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the copyright …
The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman
The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman
Cornell International Law Journal
No abstract provided.
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Copyright Protection For Useful Articles: Can The Design Of An Object Be Conceptually Separated From The Object's Function?, Gary S. Raskin
Copyright Protection For Useful Articles: Can The Design Of An Object Be Conceptually Separated From The Object's Function?, Gary S. Raskin
Santa Clara Law Review
No abstract provided.
What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben
What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben
Faculty Publications
Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.