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Intellectual Property Law

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The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Jan 1986

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 Sep 1985

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 Sep 1985

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 Sep 1985

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 Sep 1985

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 Aug 1985

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 Aug 1985

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 Aug 1985

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 Apr 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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.