Law Commons^™

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 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 …

"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 …

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.

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.