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Intellectual Property Law

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Articles 151 - 163 of 163

Full-Text Articles in Entertainment, Arts, and Sports Law

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg Jan 2001

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg

Faculty Scholarship

More than any other contemporary American legal scholar, Professor Merryman has drawn attention to the moral rights claims of artists. Anything written in the field in the United States since 1976 owes inspiration to The Refrigerator of Bernard Buffet ("The Refrigerator") Professor Merryman's seminal article in the 1976 Hastings Law Journal. I feel this particularly acutely since I became interested in the issue as a law student, in 1978. It looked like a hopeful time, for Professor Merryman had shown the way, and the Second Circuit, in the then-recently decided Monty Python case, seemed to be paying heed. The …

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Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu Sep 1998

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …

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Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long Jan 1998

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

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On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi Jan 1992

On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.

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A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi Jan 1989

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").

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Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

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Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley Jul 1988

Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley

Scholarly Works

Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …

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Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman Jan 1988

Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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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.

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The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer Jan 1982

The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

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When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi Apr 1981

When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.

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Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley Apr 1981

Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley

Scholarly Works

This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted rights …

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The Emergence Of Art Law, James J. Fishman Jan 1977

The Emergence Of Art Law, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.

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