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Full-Text Articles in Law

Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel Oct 2000

Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel

Law and Contemporary Problems

Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.


Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell Jul 2000

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

All Faculty Scholarship

In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of ...


Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher Mar 2000

Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards Mar 2000

The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


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 ...


Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller Jan 2000

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.


The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds Jan 2000

The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds

Faculty Scholarship

No abstract provided.


The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis Jan 2000

The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis

Law Faculty Articles and Essays

It is probably not quite fraud, though it comes terribly close to it, when motion picture and television production companies convince their writers to part with the rights to their stories when they sign with the companies. Despite contracts that claim the writer has no rights to the resulting script (either because the author has assigned his rights “in perpetuity” or because he has agreed to produce a “workfor hire”), U.S. copyright law provides many authors, perhaps the vast majority of them, with a future right that cannot be lost and can always be regained, irrespective of any written ...


Extending Copyright And The Constitution: "Have I Stayed Too Long", Michael H. Davis Jan 2000

Extending Copyright And The Constitution: "Have I Stayed Too Long", Michael H. Davis

Law Faculty Articles and Essays

On October 27, 1998, President Clinton signed into law the Sonny Bono Copyright Term Extension Act of 1998, Pub. L. No. 105-298, 112 Stat. 2827 (hereinafter the “Bono Law”). The Bono Law extended the term of copyright protection by an additional twenty years, both prospectively and retrospectively. The former is probably constitutionally proper; the latter is almost certainly forbidden by the Constitution's copyright clause. But most criticism5 has not forcefully distinguished between retrospective as opposed to prospective extension and so far has failed to convince either Congress or the courts of any constitutional infirmity. This is because most critics ...


Copyright Law In The Digital Age: Malum In Se And Malum Prohibitum, Sheldon W. Halpern Jan 2000

Copyright Law In The Digital Age: Malum In Se And Malum Prohibitum, Sheldon W. Halpern

Marquette Intellectual Property Law Review

The scale of copyright piracy has changed, allowing creative works to be distributed globally with a click of a mouse. People's attitudes towards infringing on someone else's protected work have changed as well due to the simplicity and speed of the digital infringing process. This lecture discusses how one can tailor copyright law to accommodate technological changes. First, the lecturer discusses how an act of infringement needs to be defined as malum in se rather than malum prohibitum in order for infringement to be taken seriously. The lecturer suggests that a radically different approach to some of the ...


Global Technology Protection: Moving Past The Treaty, Todd M. Rowe Jan 2000

Global Technology Protection: Moving Past The Treaty, Todd M. Rowe

Marquette Intellectual Property Law Review

This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful ...


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.


The Roman Law Roots Of Copyright, Russ Ver Steeg Jan 2000

The Roman Law Roots Of Copyright, Russ Ver Steeg

Maryland Law Review

No abstract provided.


Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford Jan 2000

Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford

Faculty Publications

As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true.

This unconstitutional double ...


Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez Jan 2000

Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez

University of Miami Business Law Review

No abstract provided.


Copyright And The Perfect Curve, Julie E. Cohen Jan 2000

Copyright And The Perfect Curve, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay argues that the assumption that “progress” is qualitatively independent of the underlying entitlement structure is wrong. In particular, I shall argue that a shift to a copyright rule structure based on highly granular, contractually enforced “price discrimination” would work a fundamental shift, as well, in the nature of the progress produced. The critique of the contractual price discrimination model, moreover, exposes deep defects in the use of neoclassical “law and economics” methodology to solve problems relating to the incentive structure of copyright law. What is needed, instead, is an economic model of copyright that acknowledges the central role ...


Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet Jan 2000

Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Copyright raises real and troubling free speech issues, and standard responses to those concerns are inadequate. This Article aims to put copyright in the context of other free speech doctrine. Acknowledging the link between copyright and free speech can help determine the proper contours of a copyright regime that both allows and limits property rights in expression, skewing the content of speech toward change.


Canadian Copyright Law In Cyberspace: An Examination Of The Copyright Act In The Context Of The Internet , Jeremy De Beer Dec 1999

Canadian Copyright Law In Cyberspace: An Examination Of The Copyright Act In The Context Of The Internet , Jeremy De Beer

Jeremy de Beer

This paper considers the application of Canada's Copyright Act to various online activities. I advocate for an evolutionary rather than revolutionary approach to digitial copyright reform.


The Wipo Background Discussion Of The Proposed 'Broadcasters' Treaty' And Its Implications For The Domestic Law Of Australia And Japan, Megumi Ogawa Dec 1999

The Wipo Background Discussion Of The Proposed 'Broadcasters' Treaty' And Its Implications For The Domestic Law Of Australia And Japan, Megumi Ogawa

Dr Megumi Ogawa

Broadcasting organisations play a considerable role in the process of disseminating culture. In 1961, broadcasting organisations' rights were recognised by the 'Rome Convention'. The rapid advance in technology since its inception however has undermined the Convention's ability to function adequately. The World Intellectual Property Organisation (WIPO) therefore initiated discussions to prepare a new 'Broadcasters' Treaty' in 1998. This article analyses the background discussions of the WIPO Standing Committee and provides an overview of the proposed new treaty. It then anticipates the domestic regulations likely to be required in common and civil law systems, particularly as common law systems traditionally ...


Complexity And Copyright In Contradiction, Michael J. Madison Dec 1999

Complexity And Copyright In Contradiction, Michael J. Madison

Michael J. Madison

The title of the article is a deliberate play on architect Robert Venturi?s classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical ?architectures? of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the ?simplicity? of digital engineering is undermining desirable ?complexity? in legal and physical structures that regulate expressive works.