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Articles 1 - 22 of 22

Full-Text Articles in Law

Why Copyrights Are Not Community Property, Dane S. Ciolino Nov 1999

Why Copyrights Are Not Community Property, Dane S. Ciolino

Louisiana Law Review

No abstract provided.


Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala Oct 1999

Copyright Protection Of Operating Software, Copyright Misuse, And Antitrust, Dennis S. Karjala

Cornell Journal of Law and Public Policy

No abstract provided.


Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester Oct 1999

Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester

Cornell Journal of Law and Public Policy

No abstract provided.


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.


The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack Jul 1999

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack

Malla Pollack

The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.


The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry Jun 1999

The Failure Of The American Copyright System: Protecting The Idle Rich, William Patry

Notre Dame Law Review

No abstract provided.


Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath Jun 1999

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.


Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath Jun 1999

Nba V. Motorola: A Case For Federal Preemption Of Misappropriation?, Katherine F. Horvath

Notre Dame Law Review

No abstract provided.


Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins Mar 1999

Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel Jan 1999

A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel

Alex Steel

This article traces the history of a specific copyright in the spoken word in private lectures, a copyright that did not require the words to be reduced to material form in order to gain protection. In the early to mid 1800’s much money could be made from the giving of lectures, and private lecturers were searching for ways to protect their livelihood. The first case to successfully prevent the unauthorised reprinting of lectures was Abernethy v Hutchinson (1825); generally considered to be the case which formed the basis for the action for breach of confidence. This was a case ...


When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen Jan 1999

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Faculty Scholarship

Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright ...


When Is Property Intellectual: The Leveraging Problem Essays, Mark Patterson Jan 1999

When Is Property Intellectual: The Leveraging Problem Essays, Mark Patterson

Faculty Scholarship

Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a ...


Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York Jan 1999

Warren Publishing, Inc. V. Microdos Data Corp.: Continuing The Stable Uncertainty Of Copyright In Factual Compilations, Ethan R. York

Notre Dame Law Review

No abstract provided.


Attorney Hit With Sanctions For Poor Brief, Deborah Pines Jan 1999

Attorney Hit With Sanctions For Poor Brief, Deborah Pines

News Articles

No abstract provided.


The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim Jan 1999

The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack Jan 1999

The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When You Wish Upon A Star: Explaining The Cautious Growth Of Royalty-Backed Securitization, Lisa M. Fairfax Jan 1999

When You Wish Upon A Star: Explaining The Cautious Growth Of Royalty-Backed Securitization, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

This article focuses on the phenomenon of securitizing future royalties of entertainers, illustrating why securitzation of such royalties has not been embraced more enthusiastically. The article begins by describing the securitization process in general and the differences between mortgage-backed and asset-backed securities. The article then examines the benefits of securitization as applied to entertainment royalties. Benefits of securitization include immediate liquidity, less expensive capital, and diversification of the suppliers of the originator’s funding. However, securitization does not make sense for many entertainers unless they need large sums of cash. Moreover, securitizing royalties may not be viable because it creates ...


When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter Jan 1999

When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter

Fordham Law Review

No abstract provided.


Fair Use, Lloyd L. Weinreb Jan 1999

Fair Use, Lloyd L. Weinreb

Fordham Law Review

No abstract provided.


Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan Jan 1999

Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan

Fordham Law Review

No abstract provided.


Book Review: The Common Law In Cyberspace, Tom Bell Dec 1998

Book Review: The Common Law In Cyberspace, Tom Bell

Tom W. Bell

Although Law and Disorder in Cyberspace gets a great deal right in boldly proposing to abolish the FCC and rely on common law courts to regulate the telecosm, an untenable distinction between the process and substance of common law runs through the text. That fundamental flaw opens a rift through which creep a number of lesser errors. Peter Huber accords antitrust law, despite its reliance on legislation and inconsistency with common law proper, inexplicable deference. In an analysis aggravated by suspect claims about the history of telecommunications, he promotes mandatory interconnection at the expense of property and contract rights. Contrary ...


How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch Dec 1998

How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch

Michael Risch

The basic economic goal of copyright law is to balance an author's incentive to create with his or her ability to build on prior work in order to maximize social wealth. This balance is extremely important for computer software. On the one hand, software is often expensive to create and companies therefore need protection in order to recoup their investment. On the other hand, software is often expensive to create and companies can save costs by reusing pre-existing work. Quite often, the same companies that want to protect their software also want to use pre-existing work. As a result ...