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Intellectual Property Law Commons™

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1989

Discipline
Institution
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Articles 1 - 30 of 90

Full-Text Articles in Intellectual Property Law

The Distribution Right In The United States Of America: Review And Reflections, John M. Kernochan Oct 1989

The Distribution Right In The United States Of America: Review And Reflections, John M. Kernochan

Vanderbilt Law Review

This Essay on the distribution right considers the possibility and the merits of three options now widely discussed. These are: (a) ex-tending the reach of an old right, the right of reproduction, to include the currently debated "droit de destination," or (b) broadening the right of distribution in nations that have such a right by cutting back on the"first sale doctrine"' and other limitations on that right, and (c) giving authors broad control over use of their work. All of these approaches aim to make authors' rights more substantial and effective to achieve their purpose amid the erosions resulting from …

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Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon Jun 1989

Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon

Scholarship Chronologically

The First Circuit in Decosta II recognized something r-ar-ely focused on, but of great importance-- namely, the following question: assuming there are applicable federal ·al policies of non-protection, do those policies for-bid only direct state attempts to restrain copying, or- do they also for-bid any state law which has as one of its effects a restraint on copying?

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International Protection Of Intellectual Property Under The 1988 Trade Bill, Lee D. Green May 1989

International Protection Of Intellectual Property Under The 1988 Trade Bill, Lee D. Green

BYU Law Review

No abstract provided.

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What Level Of Intent Is Required To Prove Inequitable Conduct?, Kenneth S. Barrow May 1989

What Level Of Intent Is Required To Prove Inequitable Conduct?, Kenneth S. Barrow

Brigham Young University Journal of Public Law

No abstract provided.

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Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, J. H. Reichman Apr 1989

Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, J. H. Reichman

Vanderbilt Law Review

This Article surveys the problems that university administrators face when seeking to exploit proprietary rights in new technologies,with particular regard to computer software. In so doing, it explores larger questions about the proper role of intellectual property laws in protecting applied scientific know-how and the proper role of universities in exploiting the opportunities that such laws increasingly make available.

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Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56 Jan 1989

Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56

Intellectual Property

No abstract provided.

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Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester Jan 1989

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

UC Law SF Communications and Entertainment Journal

Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.

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Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz Jan 1989

Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz

UC Law SF Communications and Entertainment Journal

Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …

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Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks Jan 1989

Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks

UC Law SF Communications and Entertainment Journal

VAD/VAR distribution programs may be "franchises" within the technical definitions in applicable federal and state laws. Computer products manufacturers should exercise care in the design of their dealer channels to avoid the impact of these laws. This Article reviews the basic features of these distribution channels, analyzes the components of the various definitions of a franchise, and discusses how these laws might affect the characteristics of a computer dealer channel.

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Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons Jan 1989

Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons

UC Law SF Communications and Entertainment Journal

Currently available methods of legal protection are inappropriate for software. Because copyright law developed long before the advent of computer programs, it does not take into consideration the specialized needs of the new technology. This Note examines the way copyright law was manipulated to address early problems in software protection, and the problems which result when these rules are applied to recent, more complicated cases. The Note then proposes a new system of legal protection for computer programs.

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The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson Jan 1989

The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson

UC Law SF Communications and Entertainment Journal

The legal profession and computer industry have expressed dissatisfaction with the existing copyright protection provided computer software and its traditional means of enforcement by litigation. These criticisms are exemplified in the protracted NEC Corp. v. Intel Corp. litigation. After examination of the current copyright laws and the recent NEC/Intel decision, the author analyzes the IBM/Fujitsu settlement, which created a new hybrid form of commercial arbitration. By relinquishing extensive control over their businesses to the arbitrators, IBM and Fujitsu established a sophisticated mechanism to resolve future conflicts and forestall future litigation. The author concludes that this hybrid method of arbitration is …

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The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur Jan 1989

The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur

UC Law SF Communications and Entertainment Journal

The Beirut Agreement is a multilateral treaty that allows for the dutyfree exchange of audiovisual materials, if they are certified by the exporting country to be "cultural, educational or scientific." The certification criteria used by the United States to define these terms was struck down as unconstitutional in the case of Bullfrog Films v. Wick. This Note analyzes the Bullfrog case and its subsequent appeal, as well as the issues surrounding the continued efforts of the United States Information Agency to draft satisfactory criteria. The Note concludes with the author offering suggestions for a constitutionally acceptable set of certification criteria.

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Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins Jan 1989

Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins

UC Law SF Communications and Entertainment Journal

For historical reasons, there is an overlap between patent coverage for software as a technology and copyright coverage for software as a literary work. Each of these forms of protection for software has a proper role and should be allowed to coexist. Through common law evolution in case law and patent grants by the U.S. Patent and Trademark Office, patents have become the way to protect new and nonobvious functional concepts of software. Therefore, courts may be less willing to expand the scope of protected expression of copyrights to protect the functional aspects of software.

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Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood Jan 1989

Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood

UC Law SF Communications and Entertainment Journal

The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.

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What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron Jan 1989

What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron

UC Law SF Communications and Entertainment Journal

In 1987, the FCC repealed broadcasting's Fairness Doctrine. This longestablished Doctrine required broadcasters to adequately cover issues of public importance and to provide a balanced presentation of controversial viewpoints. Opponents of the Fairness Doctrine would make broadcasting fungible, in a first amendment sense, with the print media. But what distinguishes broadcasting from the print media is not the Fairness Doctrine, but licensing in the public interest. This Commentary contends that there is an inherent bedrock fairness principle rooted in the public interest standard of the Federal Communications Act of 1934. The public interest standard is an independent source for the …

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Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller Jan 1989

Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller

Library Staff Publications

No abstract provided.

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The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling Jan 1989

The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling

Faculty Scholarship

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …

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Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach Jan 1989

Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach

UC Law SF Communications and Entertainment Journal

Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.

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Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt Jan 1989

Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt

UC Law SF Communications and Entertainment Journal

Late last year, President Reagan surprised many when he vetoed the Children's Television Act of 1988, which would have limited the time available for commercials broadcast during children's programming. His veto message referred to "freedom of expression," but did not elaborate on first amendment concerns raised by the legislation. The author evaluates these and other issues and concludes that President Reagan's veto was consistent with a sensitive approach to first amendment issues in the area of children's advertising.

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Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton Jan 1989

Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton

UC Law SF Communications and Entertainment Journal

The author explores the controversial topic of digital sampling, a process that allows one musician to use another musician's performance without knowledge or consent. He explores the acquisition and use of samples and argues that a musician's "sound" is a copyrightable work, satisfying both constitutional and statutory requirements. The author further examines the interplay between sample acquisition and the Copyright Act's "fixation" requirement and the question of whether digitized tone colors are uncopyrightable upon utilitarian grounds. The author concludes that a musician's "sound" is copyrightable as a derivative work, that the standard of "substantial similarity" can be used to prove …

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Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen Jan 1989

Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen

UC Law SF Communications and Entertainment Journal

Foreign infringement of U.S. intellectual property rights continues to affect U.S. business revenue, particularly for copyright-dependent industries. Trade-based remedies-such as sections 301 and 337 of the Trade Act of 1974, recently amended by the Omnibus Trade and Competitiveness Act of 1988-may be used to combat this infringement successfully. Sections 301 and 337 have generally been used separately as distinct remedies for different problems. This Note suggests, however, that in view of U.S. industries' long-term goal of reducing revenue losses attributable to foreign intellectual property infringement, sections 301 and 337 are more effectively used in tandem, particularly against copyright infringement. This …

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Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson Jan 1989

Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson

UC Law SF Communications and Entertainment Journal

The award of punitive damages in libel cases has been a topic of constitutional debate ever since the United States Supreme Court imposed first amendment restrictions on state libel laws in 1964. More recently, the constitutionality of punitive damages has been challenged in non-libel cases under the eighth and fourteenth amendments. Last year, in Browning-Ferris Industries of Vermont v. Kelco Disposal, Inc., the Supreme Court held that punitive damages are not prohibited by the eighth amendment but expressly reserved the fourteenth amendment issue for later consideration. This Article examines Browning- Ferris in light of the Court's prior treatment of punitive …

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The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin Jan 1989

The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin

UC Law SF Communications and Entertainment Journal

Few areas of federal oversight have been as inconsistently addressed as that involving the regulation of broadcast and wire communication. Action in this realm has been all too often governed by political, rather than social or economic, imperatives. Many, no doubt, accept this situation as a necessary element of democratic decisionmaking. The deregulatory fervor of the 1980s could thus be seen as part of a long-term process of political redefinition. The consequences of regulatory neglect in this area will affect more than the traditional broadcast constituency of the Federal Communications Commission (FCC). For, as traditional distinctions between communications technologies continue …

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The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii Jan 1989

The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii

Penn State International Law Review

The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.

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A Case History Of Industrial Design Success: The Dove Lamp, William T. Fryer Iii Jan 1989

A Case History Of Industrial Design Success: The Dove Lamp, William T. Fryer Iii

University of Baltimore Law Review

No abstract provided.

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Design Protection In Lamp Design And Manufacturing, Thomas Lowy Jan 1989

Design Protection In Lamp Design And Manufacturing, Thomas Lowy

University of Baltimore Law Review

No abstract provided.

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Discussion Of Present United States Design Protection Jan 1989

Discussion Of Present United States Design Protection

University of Baltimore Law Review

No abstract provided.

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Industrial Design Protection In The Automobile Industry, Kenneth Enborg Jan 1989

Industrial Design Protection In The Automobile Industry, Kenneth Enborg

University of Baltimore Law Review

No abstract provided.

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The International Protection Of Industrial Designs Under The International Conventions, Pierre Maugué Jan 1989

The International Protection Of Industrial Designs Under The International Conventions, Pierre Maugué

University of Baltimore Law Review

No abstract provided.

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Japanese Design Law And Practice, Yoichiro Yamaguchi Jan 1989

Japanese Design Law And Practice, Yoichiro Yamaguchi

University of Baltimore Law Review

No abstract provided.

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