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Articles 1 - 30 of 45
Full-Text Articles in Intellectual Property Law
Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas
Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Geographical Indications: The Current Landscape., Lynne Beresford
Geographical Indications: The Current Landscape., Lynne Beresford
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman
Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.
Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia
Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
UC Law SF Communications and Entertainment Journal
In its attempt to establish rules that preserve the "openness" of the Internet, the federal government has recently considered implementing various regulatory constraints on the behavior of broadband service providers in order to ensure that consumers can freely access third-party applications over broadband networks without the fear that the network provider will deteriorate transmission to third-party services in favor of their own. Adopting these proposed "Network Neutrality" requirements, however, could exacerbate the very highly-concentrated industry structure by increasing industry concentration, and plausibly even rendering monopoly. Such forced commoditization of broadband access will leave consumers unambiguously worse off.
Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs
Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs
UC Law SF Communications and Entertainment Journal
Sports relocation is traumatic for die-hard sports fans. History and long-standing tradition are often thrust aside in pursuit of lucrative offers of stadium financing. Scholars often cite the leading case on sports relocation, Los Angeles Memorial Coliseum v. National Football League (Raiders I), for the proposition that restrictions on sports franchise relocation are illegal under the Sherman Act. However, since Raiders I, there have been two significant developments in antitrust law: the in-depth rule of reason approach and the "small but significant increase in price" approach. In light of these developments, sports leagues should not blindly rely on Raiders I, …
Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane
Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane
UC Law SF Communications and Entertainment Journal
Fantasy sports are becoming increasingly popular, and with the increase in popularity comes an increase in legal scrutiny. Fantasy sports trade on the statistics of professional athletes. This raises the question: who owns these statistics? Copyright law, the right to publicity and the First Amendment are all implicated. Ultimately, the public interest in this information trumps assertions of ownership by both the professional athletes and the leagues in which they play.
Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim
Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim
UC Law SF Communications and Entertainment Journal
The patentability of Expressed Sequence Tags (ESTs), small fragments of DNA that scientists use to identify genes, has been a topic of heated debate in intellectual property law and the scientific community. Much of the debate encompasses the far-reaching consequences of effectively placing control of thousands of ESTs into the hands of a few patent holders. In re Fisher, a recent Federal Circuit decision, was anticipated to settle the question of EST patentability, but may have failed to establish a decisive standard. A more workable standard calls for a clearer articulation of specific utility requirements as well as non-obviousness standards …
The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin
The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin
UC Law SF Communications and Entertainment Journal
Cell phones are a way of life in our society. While most people readily use their cell phones, they don't realize that cell phones also provide signals to track their location. This manner of cell phone tracking may be a violation of the Fourth Amendment right to be free of unreasonable searches and seizures. Under the test developed in Katz and its progeny, depending on a number of factors, cell phone tracking may qualify as a reasonable search. However, because cell phone tracking appears to implicate a number of core Fourth Amendment doctrines, it appears to constitute an unreasonable search.
Evolution In Slow Motion: Opting Into A Digital World, Kristin Richards
Evolution In Slow Motion: Opting Into A Digital World, Kristin Richards
UC Law SF Communications and Entertainment Journal
Google's "Library Project" which allows users to view snippets from books that have been scanned from library collections is the subject of two recently filed lawsuits. This article takes an in-depth look at the "Library Project" in light of modem copyright law. The "Library Project" presents courts with the difficult task of balancing consumers' desire for information on demand and authors' legal rights.
An Economic Model For The Incentive/Access Paradigm Of Copyright Propertization: An Argument In Support Of The Orphan Works Act, Sami J. Valkonen, Lawrence J. White
An Economic Model For The Incentive/Access Paradigm Of Copyright Propertization: An Argument In Support Of The Orphan Works Act, Sami J. Valkonen, Lawrence J. White
UC Law SF Communications and Entertainment Journal
This article proposes an economic model of the incentive-access paradigm for copyright designed to correspond to the goal of maximizing societal welfare.
The article begins with a discussion on the foundations of copyright and the objectives of the Constitution's Copyright Clause. The article adopts the majority view that the Constitution mandates that the copyright regime is designed to optimize the positive welfare impacts from copyright protection. Under this view, similarly as antitrust "protects competition, not competitors," the copyright regime should protect creativity, not creators. The result of this underlying policy objective is that the level of copyright propertization becomes a …
New Architectures For Music: Law Should Get Out Of The Way, Henry H. Perritt Jr.
New Architectures For Music: Law Should Get Out Of The Way, Henry H. Perritt Jr.
UC Law SF Communications and Entertainment Journal
Copyright law is constitutionally justifiable only to the extent that it provides incentives for creative effort by reducing the risk of free riding. Technological advances repeatedly have revolutionized the economics of music creation, production and distribution. The latest developments in recording, digital compression, e-commerce and file sharing technologies are only the latest in a long line of disruptive technological developments. These technologies reduce the risk of free riding, thereby justifying a narrowing of the scope of copyright protection for music. The paper carefully examines the elements of production and consumption functions for music, explaining how greatly reduced barriers to entry …