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Articles 1 - 16 of 16

Full-Text Articles in Law

An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin Jan 2016

An Idea Of Authorship: Orson Welles, The War Of The Worlds Copyright, And Why We Should Recognize Idea-Contributors As Joint Authors, Timothy J. Mcfarlin

Case Western Reserve Law Review

Did Orson Welles co-author the infamous War of the Worlds broadcast? The Ninth Circuit Court of Appeals has told us no, primarily because he only contributed the idea behind the broadcast, and ideas alone can’t be copyrighted. “An Idea of Authorship” challenges this premise—that ideas, no matter how significant, cannot qualify for joint authorship in collaborative works—and argues that we as a society should, under certain circumstances, recognize idea-contributors like Welles as joint authors. We should do so to further our society’s interest in encouraging future creations, as well as out of a sense of equity ...


Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy Jan 2007

Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with ...


Promoting Diverse Cultural Expression: Lessons From The U.S. Copyright Wars, Raymond Shih Ray Ku Jan 2007

Promoting Diverse Cultural Expression: Lessons From The U.S. Copyright Wars, Raymond Shih Ray Ku

Faculty Publications

In 2007, the United Nations adopted the Convention on the Protection and Promotion of the Diversity of Cultural Expression (CCD) with the goal of creating an environment that encourages individuals and social groups to create, distribute, and have access to diverse cultural expression from their own cultural and from cultures around the world. With regard to domestic and international efforts to implement the CCD and reconcile its goals with other international norms, the author argues that valuable lessons can be learned from current trends and issues in U.S. copyright law. Specifically, the author argues that the current debate over ...


The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski Jan 2006

The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski

Faculty Publications

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8.

The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and ...


The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre Mulligan, Aaron K. Perzanowski Jan 2006

The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre Mulligan, Aaron K. Perzanowski

Faculty Publications

Late in 2005, Sony BMG released millions of Compact Discs containing digital rights management technologies that threatened the security of its customers' computers and the integrity of the information infrastructure more broadly. This Article aims to identify the market, technological, and legal factors that appear to have led a presumably rational actor toward a strategy that in retrospect appears obviously and fundamentally misguided.

The Article first addresses the market-based rationales that likely influenced Sony BMG's deployment of these DRM systems and reveals that even the most charitable interpretation of Sony BMG's internal strategizing demonstrates a failure to adequately ...


Copyright Lochnerism, Raymond Shih Ray Ku Jan 2006

Copyright Lochnerism, Raymond Shih Ray Ku

Faculty Publications

Part I of this essay outlines the conflict between copyright and the First amendment as well as, the complementary argument for reconciling copyright and free speech, as it has been formulated by scholars and the Supreme Court. Part II discusses what I have referred to as the Framers' copyright and the extent to which arguments based upon the Framers' intent in this area may reconcile copyright and free speech. Lastly, Part III argues that reliance upon the complementary argument to deny any role for heightened First Amendment review in copyright cases is subject to two interrelated criticisms of Lochner. By ...


Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller Jan 2003

Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller

Case Western Reserve Journal of International Law

No abstract provided.


Deprivatizing Copyright, Subha Ghush Jan 2003

Deprivatizing Copyright, Subha Ghush

Case Western Reserve Law Review

No abstract provided.


Comment: Copywrongs Will Not Make Copyright, Mark Avsec Jan 2003

Comment: Copywrongs Will Not Make Copyright, Mark Avsec

Case Western Reserve Law Review

No abstract provided.


A Comment On New York Times V. Tasini, David Lange Jan 2003

A Comment On New York Times V. Tasini, David Lange

Case Western Reserve Law Review

No abstract provided.


Overlapping Interests In Derivative Works And Compilations, Christine Wallace Jan 1984

Overlapping Interests In Derivative Works And Compilations, Christine Wallace

Case Western Reserve Law Review

No abstract provided.


The Limitation Of Copyright And Patents By The Rules For The Free Movement Of Goods In The European Common Market, Valentine Korah Jan 1982

The Limitation Of Copyright And Patents By The Rules For The Free Movement Of Goods In The European Common Market, Valentine Korah

Case Western Reserve Journal of International Law

No abstract provided.


Judicial Creation Of The Prima Facie Tort Of Plagiarism In Furtherance Of American Protection Of Moral Rights, Carolyn W. Davenport Jan 1979

Judicial Creation Of The Prima Facie Tort Of Plagiarism In Furtherance Of American Protection Of Moral Rights, Carolyn W. Davenport

Case Western Reserve Law Review

No abstract provided.


Performers' Rights Under The General Revision Of Copyright Law, L. James Juliano Jr. Jan 1978

Performers' Rights Under The General Revision Of Copyright Law, L. James Juliano Jr.

Case Western Reserve Law Review

No abstract provided.


Copyrights--Infringement--Pictorial Works [ United Artists Televwson, Inc. V. Fortnightly Corp., 255 F. Supp. 177 (S.D.N.Y. 1966)], Robert J. Crump Jan 1967

Copyrights--Infringement--Pictorial Works [ United Artists Televwson, Inc. V. Fortnightly Corp., 255 F. Supp. 177 (S.D.N.Y. 1966)], Robert J. Crump

Case Western Reserve Law Review

No abstract provided.


Renewal Rights, A Statutory Anachronism, Thomas R. Skulina Jan 1959

Renewal Rights, A Statutory Anachronism, Thomas R. Skulina

Case Western Reserve Law Review

No abstract provided.