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Articles 11641 - 11670 of 12276
Full-Text Articles in Entire DC Network
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
Fordham Urban Law Journal
This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …
Copyright Liability For Performances Of Musical Works: Use Of Background Radio Music In The Aftermath Of Twentieth Century Music Corp. V. Aiken
Washington and Lee Law Review
No abstract provided.
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Cleveland State Law Review
This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Scholarly Works
The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …
Legal Semiotics, Susan W. Tiefenbrun
Legal Semiotics, Susan W. Tiefenbrun
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer
In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris
Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris
Vanderbilt Journal of Transnational Law
The doctrine of sovereign or state immunity exempts a state and its property from the judicial jurisdiction of any other state. The domestic courts of various nations have developed this doctrine over the years through cases in which private citizens have attempted to sue foreign states. Courts' enunciations of the principle of state immunity and their reasons for granting or denying the immunity are almost as numerous as the countries whose courts have faced this issue. The current work of the International Law Commission (the Commission) on the codification and the progressive development of the jurisdictional immunities of states and …
Copyright And Fee-Based Copying Services, James S. Heller
Copyright And Fee-Based Copying Services, James S. Heller
Library Staff Publications
No abstract provided.
Motion Pictures In American And International Copyright Law, Christof Siefarth
Motion Pictures In American And International Copyright Law, Christof Siefarth
LLM Theses and Essays
This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.
Designations Of Source - Are They Necessary To Support Entertainment Industry Merchandising Rights?, Paul D. Supnik
Designations Of Source - Are They Necessary To Support Entertainment Industry Merchandising Rights?, Paul D. Supnik
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Works: Distinguishing Derivative Creations Under Copyright, Phillip Edward Page
The Works: Distinguishing Derivative Creations Under Copyright, Phillip Edward Page
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
Touro Law Review
No abstract provided.
Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton
Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton
Faculty Publications
This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …
Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton
Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton
West Virginia Law Review
No abstract provided.
The Protection Of Computer Software Through Shrink-Wrap License Agreements
The Protection Of Computer Software Through Shrink-Wrap License Agreements
Washington and Lee Law Review
No abstract provided.
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Scholarship Chronologically
In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
Michigan Law Review
This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman
Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Vanderbilt Law Review
The 1976 Copyright Act (the 1976 Act) embodies the most extensive reforms in the history of our nation's copyright laws. One proposed reform that is noticeably absent from the statutory scheme, however, is the explicit adoption of protections for the personal rights of creators with respect to their works. Instead,the 1976 Act continues this country's tradition of safeguarding only the pecuniary rights of a copyright owner. By assuring the copyright owner the exclusive rights to reproduce and distribute the original work, to prepare derivative works, and to perform and display publicly certain types of copyrighted works, the 1976 Act focuses …
Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein
Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield
Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino
Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley
A Unifying Theory For The Litigation Of Computer Software Copyright Cases, 6 Computer L.J. 55 (1985), John M. Conley
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.