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Full-Text Articles in Law

The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis Jul 2013

The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis

Indiana Law Journal

Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.

One reason why the design patent system has remained largely unexplored in the literature is that scholars have ...


Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton Jun 2013

Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton

Indiana Journal of Law and Social Equality

No abstract provided.


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein Apr 2013

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.


Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li Oct 2012

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.


Statute Of Anne: Today And Tomorrow, Marshall Leaffer, Peter Jaszi, Craig Joyce, Tyler Ochoa Jan 2010

Statute Of Anne: Today And Tomorrow, Marshall Leaffer, Peter Jaszi, Craig Joyce, Tyler Ochoa

Articles by Maurer Faculty

No abstract provided.


The Right Of Publicity: A Comparative Perspective, Marshall Leaffer Jan 2007

The Right Of Publicity: A Comparative Perspective, Marshall Leaffer

Articles by Maurer Faculty

No abstract provided.


Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman Mar 2004

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.


Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer Jan 2004

Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer

Articles by Maurer Faculty

No abstract provided.


The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer Jan 2001

The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer

Articles by Maurer Faculty

The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions ...


Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced ...


Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji Oct 1999

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.


Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews Oct 1998

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.


Linking Copyright To Homepages, Matt Jackson Apr 1997

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with ...


The Technological Transformation Of Copyright Law, Fred H. Cate Jan 1996

The Technological Transformation Of Copyright Law, Fred H. Cate

Articles by Maurer Faculty

Both statutory and case law clearly recognize the constitutional interest in promoting, not restricting, expression. Digital technologies, however, are rapidly changing the application of copyright law to prohibit access, protect ideas and facts, and dramatically expand the monopoly granted to copyright holders.

Whether on a disk or network, digital expression cannot be accessed without being copied into computer memory, as well as onto a hard drive, floppy disk, or magnetic tape if it is to be retained after the computer is switched off. This necessarily violates the exclusive right to reproduce that copyright law grants to copyright holders.

Moreover, to ...


National And International Copyright Liability For Electronic System Operators, Charles J. Meyer Apr 1995

National And International Copyright Liability For Electronic System Operators, Charles J. Meyer

Indiana Journal of Global Legal Studies

No abstract provided.


Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.


Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair Jan 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair

Articles by Maurer Faculty

No abstract provided.


Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz Jan 1984

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.


The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson Oct 1980

The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson

Indiana Law Journal

No abstract provided.


A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw Oct 1977

A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw

Indiana Law Journal

No abstract provided.


Entertainment Title Duplication Cases: A Process Of Evolution Oct 1963

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.


Rights Of Federal Government Personnel Under The Copyright Act Oct 1961

Rights Of Federal Government Personnel Under The Copyright Act

Indiana Law Journal

No abstract provided.


Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich Jan 1961

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Copyright: Assignment Of Author's Renewal Interest Jul 1943

Copyright: Assignment Of Author's Renewal Interest

Indiana Law Journal

Notes and Comments: Copyright