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Full-Text Articles in Law
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.
A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel
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 about …