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Full-Text Articles in Law

Copyright First Sale And The Overriding Role Of Contract, Raymond T. Nimmer Jan 2011

Copyright First Sale And The Overriding Role Of Contract, Raymond T. Nimmer

Santa Clara Law Review

No abstract provided.


Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc., Molly Shaffer Van Houweling Jan 2011

Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc., Molly Shaffer Van Houweling

Santa Clara Law Review

No abstract provided.


Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa Jan 2010

Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.


Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa Jan 2010

Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa

Faculty Publications

One of the principal goals of the 1909 Copyright Act was to simplify and streamline the formalities required to obtain copyright protection. Before the 1909 Copyright Act, authors had to register their works before publication in order to be eligible for copyright protection; and notice of the registration had to be included on all copies published in the United States. If a work was published anywhere in the world before registration, or if the notice was omitted when the work was published domestically, the work went into the public domain. Under the 1909 Act, however, authors only had to publish ...


Vol. Vi, Tab 38 - Ex. 28 - Email From Christopher Klipple, Christopher Klipple Sep 2009

Vol. Vi, Tab 38 - Ex. 28 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar Sep 2008

Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Protecting The Form But Not The Function: Is U.S. Law Ready For A New Model High Tech?, Dana Beldiman Jan 2004

Protecting The Form But Not The Function: Is U.S. Law Ready For A New Model High Tech?, Dana Beldiman

Santa Clara High Technology Law Journal

No abstract provided.


Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa Jan 2004

Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa

Faculty Publications

The Copyright Act gives a copyright owner the exclusive right "to prepare derivative works based on the copyrighted work." Does the Copyright Act require that a derivative work be "fixed in a tangible medium of expression" in order to be infringing? Existing case law is contradictory, stating both that a derivative work does not need to be "fixed" but that it does need to be embodied in some "concrete or permanent form." This contradiction stems from the fact that although the statutory language does not appear to require fixation, reading the statutory language literally would render illegal merely imagining a ...


Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa Jul 2003

Introduction: Rights Of Attribution, Section 43(A) Of The Lanham Act, And The Copyright Public Domain, Tyler T. Ochoa

Faculty Publications

In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide whether the former owner of the copyright in a "work made for hire" has a federal right of attribution that continues to exist even after the formerly copyrighted work has entered the public domain.

Fifteen intellectual property law professors filed anamicus brief in the case in support of the Petitioner. The brief, which is reprinted following this introduction, attempts to place the Dastar case in its historical context, as merely the latest effort on the part of former copyright owners to use trademark and ...


Copyright Treatment Of Freelance Work In The Digital Era, Giuseppina D'Agostino Jan 2003

Copyright Treatment Of Freelance Work In The Digital Era, Giuseppina D'Agostino

Santa Clara High Technology Law Journal

No abstract provided.


Deriving Orginality In Derivative Works: Considering The Quantum Of Originality Needed To Attain Copyright Protection In A Derivative Work, Steven S. Boyd Jan 2000

Deriving Orginality In Derivative Works: Considering The Quantum Of Originality Needed To Attain Copyright Protection In A Derivative Work, Steven S. Boyd

Santa Clara Law Review

No abstract provided.


Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew Jan 2000

Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew

Santa Clara Law Review

No abstract provided.


Digital Image Reproduction, Distribution And Protection: Legal Remedies And Industrywide Alternatives , Jonathan A. Franklin Jan 1994

Digital Image Reproduction, Distribution And Protection: Legal Remedies And Industrywide Alternatives , Jonathan A. Franklin

Santa Clara High Technology Law Journal

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 Jan 1993

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.


Trademark And Copyright: How Intimate Should The Close Association Become, Lee B. Burgunder Jan 1989

Trademark And Copyright: How Intimate Should The Close Association Become, Lee B. Burgunder

Santa Clara Law Review

No abstract provided.


Redefining The Limits Of Copyright Law After Nec V.Intel, Rebecca A. Speer Jan 1988

Redefining The Limits Of Copyright Law After Nec V.Intel, Rebecca A. Speer

Santa Clara Law Review

No abstract provided.


The Disclosure And Reproduction Of Copyrighted Agency Records Under The Freedom Of Information Act, Roy Seth Gordet Jan 1982

The Disclosure And Reproduction Of Copyrighted Agency Records Under The Freedom Of Information Act, Roy Seth Gordet

Santa Clara Law Review

No abstract provided.


Betamax And Fair Use: A Shotgun Marriage, Adrienne J. Marsh Jan 1981

Betamax And Fair Use: A Shotgun Marriage, Adrienne J. Marsh

Santa Clara Law Review

No abstract provided.


Divisibility Of Copyright: Its Application And Effect, Elliot Groffman Jan 1979

Divisibility Of Copyright: Its Application And Effect, Elliot Groffman

Santa Clara Law Review

No abstract provided.


Pretrial Remedies In Infringment Actions: The Copyright Holder's Impound Of Flesh, Raoul Anthony Renaud Jan 1977

Pretrial Remedies In Infringment Actions: The Copyright Holder's Impound Of Flesh, Raoul Anthony Renaud

Santa Clara Law Review

No abstract provided.


Copyright Law Revision And The Kewanee Preemption Issue: Is There A Doctrine In The House, Robert Steven Mann Jan 1976

Copyright Law Revision And The Kewanee Preemption Issue: Is There A Doctrine In The House, Robert Steven Mann

Santa Clara Law Review

No abstract provided.