Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (41)
- Internet Law (29)
- Science and Technology Law (29)
- Communications Law (22)
- Computer Law (16)
-
- Comparative and Foreign Law (9)
- Antitrust and Trade Regulation (8)
- International Law (8)
- Business (5)
- Commercial Law (5)
- Contracts (5)
- Courts (5)
- Litigation (4)
- Biotechnology (3)
- Business Organizations Law (3)
- E-Commerce (3)
- Food and Drug Law (3)
- International Trade Law (3)
- Jurisprudence (3)
- Law and Economics (3)
- Legislation (3)
- Life Sciences (3)
- Privacy Law (3)
- Social and Behavioral Sciences (3)
- Torts (3)
- Agriculture Law (2)
- Consumer Protection Law (2)
- Dispute Resolution and Arbitration (2)
- Institution
-
- UC Law SF (19)
- Duke Law (17)
- UIC School of Law (17)
- Fordham Law School (13)
- Marquette University Law School (9)
-
- University at Buffalo School of Law (9)
- William & Mary Law School (9)
- University of Kentucky (8)
- University of Washington School of Law (8)
- Vanderbilt University Law School (8)
- Columbia Law School (7)
- Maurer School of Law: Indiana University (7)
- University of Michigan Law School (7)
- Selected Works (6)
- University of Richmond (6)
- Georgetown University Law Center (5)
- University of Georgia School of Law (4)
- University of Baltimore Law (3)
- University of New Hampshire (3)
- Washington and Lee University School of Law (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Texas A&M University School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Pittsburgh School of Law (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
- Emory University School of Law (1)
- Golden Gate University School of Law (1)
- Mercer University School of Law (1)
- Keyword
-
- Copyright (24)
- Intellectual property (14)
- Internet (12)
- Patents (9)
- Patent law (8)
-
- Copyright law (7)
- Copyrights & Trademarks (7)
- Patents & Technology (7)
- Copyright infringement (6)
- Fair use (6)
- Intellectual Property (6)
- Trademark (6)
- Antitrust (4)
- Copyright Act (4)
- Digital Millennium Copyright Act (4)
- Digital millennium copyright act (4)
- Dmca (4)
- E-commerce (4)
- Infringement (4)
- Monopoly (4)
- Napster (4)
- Patent (4)
- Patent Law (4)
- Patent infringement (4)
- Unfair competition (4)
- World Trade Organization (4)
- A&M Records Inc. v. Napster Inc. (3)
- Copyright owner (3)
- Copyrights (3)
- Digital Millennium Copyright Act (DMCA) (3)
- Publication
-
- UC Law SF Communications and Entertainment Journal (18)
- Faculty Scholarship (17)
- Duke Law & Technology Review (14)
- Fordham Intellectual Property, Media and Entertainment Law Journal (13)
- Marquette Intellectual Property Law Review (9)
-
- UIC Review of Intellectual Property Law (9)
- Articles (7)
- Buffalo Intellectual Property Law Journal (6)
- All Faculty Scholarship (5)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Kentucky Law Journal (5)
- Michigan Telecommunications & Technology Law Review (5)
- UIC Law Review (5)
- Vanderbilt Journal of Entertainment & Technology Law (5)
- Richmond Journal of Law & Technology (4)
- Indiana Journal of Global Legal Studies (3)
- Law Faculty Scholarship (3)
- Scholarly Works (3)
- Washington and Lee Law Review (3)
- Articles by Maurer Faculty (2)
- Indiana Law Journal (2)
- LLM Theses and Essays (2)
- Law Faculty Scholarly Articles (2)
- Library Staff Publications (2)
- Richmond Journal of Global Law & Business (2)
- Srividhya Ragavan (2)
- UIC John Marshall Journal of Information Technology & Privacy Law (2)
- Vanderbilt Journal of Transnational Law (2)
- Washington Law Review (2)
- Publication Type
Articles 31 - 60 of 200
Full-Text Articles in Intellectual Property Law
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Duke Law & Technology Review
To what extent does Sony's time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines.
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Duke Law & Technology Review
Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent in these choices, and assesses the nature of mathematical graphical processes in light of the idea/expression dichotomy.
Living Before, Through, And With Markman: Claim Construction As A Matter Of Law, John R. Lane, Christine A. Pepe
Living Before, Through, And With Markman: Claim Construction As A Matter Of Law, John R. Lane, Christine A. Pepe
Buffalo Intellectual Property Law Journal
No abstract provided.
Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow
Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow
Buffalo Intellectual Property Law Journal
No abstract provided.
Arresting Technology: An Essay, Ann Bartow
Arresting Technology: An Essay, Ann Bartow
Buffalo Intellectual Property Law Journal
No abstract provided.
The Idea Of Progress In Copyright Law, Michael D. Birnhack
The Idea Of Progress In Copyright Law, Michael D. Birnhack
Buffalo Intellectual Property Law Journal
No abstract provided.
The Pirates Are Always With Us: What Can And Cannot Be Done About Unauthorized Use Of Mp3 Files On The Internet, David R. Johnstone
The Pirates Are Always With Us: What Can And Cannot Be Done About Unauthorized Use Of Mp3 Files On The Internet, David R. Johnstone
Buffalo Intellectual Property Law Journal
No abstract provided.
Licenses And The Uniform Computer Information Transactions Act, Cheon-Seok Seo
Licenses And The Uniform Computer Information Transactions Act, Cheon-Seok Seo
Buffalo Intellectual Property Law Journal
No abstract provided.
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
Duke Law & Technology Review
International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
Michigan Telecommunications & Technology Law Review
The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …
Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich
Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich
Michigan Telecommunications & Technology Law Review
The publicity surrounding[...] incidents of industrial espionage resulted in a push for federal protections. In response to this pressure from U.S. industries, Congress passed the Economic Espionage Act of 1996 ("EEA"). The EEA protects trade secrets through the use of federal criminal sanctions." The EEA's provisions are introduced in Part I. Trade secrets are a form of intellectual property. Therefore, a basic understanding of intellectual property law is important to an analysis of the EEA. Part II of this Article provides an overview of the various forms of intellectual property. To be effective, the EEA must complement existing intellectual property …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Michigan Telecommunications & Technology Law Review
This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Michigan Telecommunications & Technology Law Review
Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …
Toward An American Moral Rights In Copyright, Ilhyung Lee
Toward An American Moral Rights In Copyright, Ilhyung Lee
Washington and Lee Law Review
No abstract provided.
Tiger's Paper Tiger: The Endangered Right Of Publicity, David J. Michnal
Tiger's Paper Tiger: The Endangered Right Of Publicity, David J. Michnal
Washington and Lee Law Review
No abstract provided.
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
Duke Law & Technology Review
This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author's exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection.
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
Duke Law & Technology Review
In the recent British Horseracing Board case, the English High Court signaled a return to the "sweat of the brow" standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed.
Avoiding Intellectual Property Problems, Thomas G. Field Jr.
Avoiding Intellectual Property Problems, Thomas G. Field Jr.
Law Faculty Scholarship
Patents, copyrights, trademarks, as well as trade secrets and related rights can be used to exclude free riders. These rights are usually collectively called "intellectual property" or IP. Everyone should know how to cost-effectively protect their own rights.
Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso
Washington International Law Journal
In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Duke Law & Technology Review
On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure doctrine of prosecution history estoppel. Designed to foster clarity in patent applications, this new pronouncement in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. allows for easy copying of some patented inventions and reduces patent owner's ability to prove infringement. This article outlines the change in the law and discusses the positive and negative consequences of the decision.
What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf
What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Current Developments In Cyberspace, Eric Easton
Current Developments In Cyberspace, Eric Easton
All Faculty Scholarship
No abstract provided.
Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine C. Abdel-Khalik
Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine C. Abdel-Khalik
Faculty Works
The international community has long recognized that environmental problems can reach beyond territorial borders to affect the entire globe. The global community has also recognized that environmental problems often manifest long before the scientific community can conclusively point to a cause.
One of the main problems in resolving global warming is convincing developing nations that they can reduce their emissions without compromising their economic growth. Developing nations want to continue down the same path developed countries took to industrialize, even if it negatively affects the environment. Many of the developing nations rightfully claim that developed nations exploited the environment to …
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
Faculty Publications
No abstract provided.
Agricultural Biotechnology: Why It Can Save The Environment And Developing Nations, But May Never Get A Chance, Mary Lynne Kupchella
Agricultural Biotechnology: Why It Can Save The Environment And Developing Nations, But May Never Get A Chance, Mary Lynne Kupchella
William & Mary Environmental Law and Policy Review
No abstract provided.
Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu
Owning Digital Copies: Copyright Law And The Incidents Of Copy Ownership, Joseph P. Liu
William & Mary Law Review
As copyrighted works are increasingly distributed in digital form over the Internet, our conventional print-based understandings of the rights associated with copy ownership are coming into increasing conflict with the copyright owner's right to restrict copying. Specifically, certain common activities, such as reading and transferring physical copies of copyrighted works (such as books), are increasingly being viewed as potential acts of copyright infringement when applied to digital copies. This Article explores this conflict by taking a close look at the concept of copy ownership. It argues that conventional notions of physical property ownership play an important, unrecognized role in copyright …
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Scholarly Works
In Eldred v. Reno the U.S. Court of Appeals for the D.C. Circuit held that the Copyright Term Extension Act (CTEA), which extends the copyright term for present and future works for twenty years, was a constitutional exercise of Congress's copyright power. The CTEA thus puts an end (at least for two decades) to a policy in effect for more than two centuries, since the Copyright Act of 1790, that the copyright of a work expires at the end of a stated term defined at the time the copyright was granted. Since works were copyrighted annually, the policy meant that …
A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen
A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen
Alfred C. Yen
No abstract provided.
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
Duke Law & Technology Review
First Diamond Multimedia, then MP3.com, now Napster. The recording industry, in a flurry to protect its copyrighted material, has waged an all-out battle against the dot-coms for the future of copyrighted music on the Internet. Since A&M Records, along with several other labels which comprise the Recording Industry Association of America (RIAA), filed suit against Napster, emotions have run high in the online community. Some have heralded this technology as a much-needed alternative to the strangling grasp of the major record labels; others view it as blatant theft of property. Students, musicians, computer programmers, trade organizations, and even the US …
Digital Music: Educational Issues, John Faust
Digital Music: Educational Issues, John Faust
Brigham Young University Education and Law Journal
No abstract provided.