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Intellectual Property Law Commons™

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1992

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Institution
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Articles 1 - 30 of 99

Full-Text Articles in Intellectual Property Law

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive Dec 1992

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive

Michigan Law Review

This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.

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Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green Oct 1992

Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg Oct 1992

Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg

Washington Law Review

This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act. Instead, this Article looks critically at the immediate, potential …

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Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick Oct 1992

Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard Oct 1992

Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan Oct 1992

Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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A View From Below, Denis J. Mclnerney Oct 1992

A View From Below, Denis J. Mclnerney

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo Oct 1992

The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad Oct 1992

New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi Oct 1992

The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati Oct 1992

China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines Oct 1992

Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Aals Speech, Wendy J. Gordon Sep 1992

Aals Speech, Wendy J. Gordon

Scholarship Chronologically

Marshall has also said I can speak as long as I want, so scream when you've had enough.

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Thin Copyrights, Dale P. Olson Sep 1992

Thin Copyrights, Dale P. Olson

West Virginia Law Review

No abstract provided.

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Blackmail And Transactional Structure - 1992, Wendy J. Gordon Aug 1992

Blackmail And Transactional Structure - 1992, Wendy J. Gordon

Scholarship Chronologically

The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.

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Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon Aug 1992

Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon

Scholarship Chronologically

Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.

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Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon Aug 1992

Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon

Scholarship Chronologically

There are several potential insights whose interrelationship I'd like to explore. First, some allocation of rights are not likely to be transferable. Two of the major interests involved in blackmail--namely, reputation and free speech--are of this type. This may in itself help to explain some of the paradox of blackmail.

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Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison Jun 1992

Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison

Michigan Law Review

This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases. …

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The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison May 1992

The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison

Vanderbilt Journal of Transnational Law

The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …

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An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu May 1992

An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu

William & Mary Law Review

No abstract provided.

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The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren May 1992

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg

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Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon Apr 1992

Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon

Scholarship Chronologically

As you know, I am revising the piece primarily by combining it with my oral remarks. Thus I am sending you the original version of the article as you sent it to me, with corrections inked in, and I am also sending several separate typed pages (adapted from the oral remarks), with indications where they fit into the piece. The new pages have several footnotes, but in most cases the footnotes refer to sources cited in the earlier version. I can also send you photocopies of any material cited, if you wish. I hope this is not too burdensome. The …

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Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Faculty Scholarship

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …

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Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon Apr 1992

Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

Faculty Scholarship

When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.

When should lawmakers place copyright law or other IP law among the prime options to consider?

Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …

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Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon

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MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.

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Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

Scholarship Chronologically

Enclosed are the corrected pages of the transcript. The article itself will follow shortly.

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Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz Mar 1992

Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden Mar 1992

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner Mar 1992

The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein Mar 1992

Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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