Digital Commons Network^™

Rock Performers And The John Doe Temporary Restraining Order: Dressing Down The T-Shirt Pirates, 16 J. Marshall L. Rev. 101 (1983), Cheryl Johnson

UIC Law Review

No abstract provided.

The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart

UC Law SF Communications and Entertainment Journal

This article discusses the interrelationship between the immigration and tax laws as they affect foreign entertainers and athletes. A survey of the types of visas available and the effect of those classifications upon taxation is examined. Additionally, the article outlines the reporting requirements of foreign entertainers, and emphasizes careful planning in structuring immigration and tax matters.

Hiring Referral Systems - Priority And Liability, Donald F. Sugerman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul

UC Law SF Communications and Entertainment Journal

No abstract provided.

As Interactive Cable Enters, Does Privacy Go Out The Window, Gary Selvin

UC Law SF Communications and Entertainment Journal

Interactive cable will provide consumers with the ability to bank, shop, attend classes, respond to polls, view programs and attend to other daily activities from the home through a television set linked to a computer. Storage of this personal information poses a privacy concern relating to the government's ability to search the records as part of criminal investigations. The author analogizes current law in forecasting possible judicial treatment of Fourth Amendment protection and suggests possible methods for establishing a clear standard which would maximize subscriber protection.

Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin

UC Law SF Communications and Entertainment Journal

Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.

Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson

UC Law SF Communications and Entertainment Journal

A peripheral but hotly contested issue in the Abscam trials was whether the media could copy and broadcast the videotapes entered into evidence. This issue requires balancing of the defendant's fair trial rights against interests closely analogous to those protected by the First Amendment. This note suggests the lines upon which analysis of the conflicting interests should run, and argues for a strong presumption in favor of access.

Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan

UC Law SF Communications and Entertainment Journal

This article discusses the effect, under the current Copyright Act, of deliberate omission of copyright notice from a published work. The authors assert that although Congress intended to minimize the significance of the notice requirement in the new statute, an ambiguity in the statutory language has resulted in an uncertainty about the copyright status of a work when the author deliberately omits the copyright notice. The article discusses the conflict between Professor Nimmer's opinion on the issue and the decision of a federal district court in O'Neill Development, Inc. v. Galen Kilburn, Inc. The authors conclude that notice within five …

Commercialization Of Public Broadcasting, Craig Austin Dunagan

UC Law SF Communications and Entertainment Journal

Public broadcasters have increasingly turned to commercial revenue raising devices as a means of financing station operations. This comment discusses some of those devices, which are in reality subtle forms of advertising. The comment demonstrates that the quest for financing has led public broadcasters along the same path taken by commercial broadcasters, a path which ends with the adoption of commercials as a means of financing station operations. The comment focuses upon the policy issues, rather than the practical consequences, of allowing public broadcasters to engage in such commercial practices.

Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne

UC Law SF Communications and Entertainment Journal

This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.

Federal Statutes, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Addressing The Reprographic Revolution: Compensating Copyright Owners For Mass Infringement, Rosalind S. Kurz

University of Michigan Journal of Law Reform

This Article addresses the unique problems created by the reprographic revolution. Part I discusses recent legislative attempts to relieve the strain placed on existing copyright law by developing reprographic technologies. Using the recent Betamax case as an example, part II criticizes judicial efforts to apply traditional copyright doctrine to issues involving reprographic technologies. Finally, part III proposes a framework for devising, an enforcement scheme to protect copyright holders' rights without denying the public the many benefits offered by reprographic technologies. The Article outlines an approach tailored to meet the special problems associated with each of the three basic reprographic technologies: …

On The Convergence Of The Patent And Antitrust Statutes: Scm Corp.. V. Xerox Corp.

Washington and Lee Law Review

No abstract provided.

Contributory Infringement Liability In Universal City Studios, Inc. V. Sony Corp.: "The One And Only" Pays For Our Sins, Thomas J. Branit

Loyola University Chicago Law Journal

No abstract provided.

International Copyright Law Applied To Computer Programs In The United States And France, Marie Francoise Gilbert

Loyola University Chicago Law Journal

No abstract provided.

Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg

Faculty Scholarship

This comment examines the Hoehling decision, and attempts a definition, in light of Hoehling and prior decisions, of historical "expression." A definition of historical expression is essential to analysis of an historian's infringement claim. Before the fact-finder determines whether a defendant's work is substantially similar to the historian's work, and if substantially similar, whether the fair use doctrine excuses the apparent infringement, the trial judge must first determine whether, as a matter of law, the portions the historian claims were infringed manifest copyrightable expression. If there is no or insufficient expression, the case closes at the summary judgment stage.

This …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA

Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve

Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law

Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition

Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …

Draft International Anticounterfeiting Code: Neo-Realism As A Vehicle For Analyzing The Effect Of Nonsignatories' Perceptions On The Development Of An Anticounterfeiting Norm, Shari D. Olenick

Vanderbilt Journal of Transnational Law

NOTE -

The United States, the European Common Market (EEC), Canada, and Japan are currently considering a draft convention entitled "Agreement on Measures to Discourage the Importation of Counterfeit Goods' (hereinafter referred to as the Anticounterfeiting Code or Code) which is designed to minimize the international problem posed by counterfeit merchandise. This Note highlights the international legal significance of the counterfeiting problem. Previous attempts to confront the problem provide the backdrop for a tripartite analysis which treats the following issues in the proposed Code: workability questions evident from an initial examination of the Code; the Code as a norm-creating vehicle; …

The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain

Kentucky Law Journal

No abstract provided.

The Copyright Royalty Tribunal And The Statutory Mechanical Royalty: History And Prospect, Frederick F. Greenman, Jr., Alvin Deutsch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Joint Registration Of Trademarks And The Economic Value Of A Trademark System, Patricia K. Fletcher

University of Miami Law Review

No abstract provided.

Parody And Fair Use: The Critical Question, Susan Linehan Faaland

Washington Law Review

Criticism has long been grounds for fair use status. This comment argues that parody's value, and its qualification for fair use status, should be defined by its critical effect. It follows then, that the amount which the parody should be able to borrow should be measured in terms of this critical effect: the parodist should be able to borrow the amount necessary to achieve effectively her work's critical purpose, which is the only reason for allowing fair use in the first place. This comment begins with an examination of the fair use doctrine and its application to parody by courts …

Lanham Act Protection From The Copying Of Trade Dress By Generic Drug Manufacturers

Washington and Lee Law Review

No abstract provided.

Trademark Protection: Judicial Inconsistency In The Fifth Circuit, Julius R. Lunsford Jr., William R. Cohrs

Mercer Law Review

Plaintiff-appellant has had the misfortune ... to come before a panel of this Court allergic to the doctrine historically associated with us because of its nurture by our most illustrious judges . . . of protecting trade names [trademarks] against competition which will create confusion as to the source of goods sold under such names. The chance of the assignment calendar which has so operated against plaintiff might as easily have brought it success, to judge by the three most recent cases on this issue before us, the unanimous decision in each instance. . . of another panel. ... This …

Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner

Washington Law Review

This casenote will discuss as background: (1) the judicial doctrines of contributory infringement and patent misuse as they developed before 1952; (2) section 271 of the Patent Act of 1952; and (3) the impact of this section on the contributory infringement/patent misuse doctrines in post-1952 Supreme Court cases. An analysis section will contrast the majority and minority interpretations of: (1) 35 U.S.C. §§ 271(c) and (d); (2) the legislative history of the Patent Act of 1952; and (3) post-1952 Supreme Court decisions as each impacts the result in Dawson. The final section will discuss patent policy considerations absent from the …

Notes On Preemption And Misc - 1981, Wendy J. Gordon

Scholarship Chronologically

As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.

Diamond V. Diehr, 101 S. Ct. 1048 (1981), Paul D. Jess

Florida State University Law Review

Patent Law-PROCESS PATENTS-SUBJECT MATTER PATENTABILITY-A PATENT CLAIM BASED PRIMARILY ON A COMPUTER PROGRAM CAN COMPRISE PATENTABLE SUBJECT MATTER

Copyright, Congress And Technology: The Public Record, L. Ray Patterson

Vanderbilt Law Review

This early history of copyright would be of little more than antiquarian interest except that it demonstrates the source of the confusion regarding the function of copyright. Although generally viewed as a right of the author, copyright has continued to function as a trade regulation device. Before the advent of computers and copying machines, this point was of relatively little importance, but IBM and Xerox have complicated copyright law enormously. Thus, in attempting to isolate the issues, it is helpful to view the law of copyright as statutorily creating unfair competition based on the doctrine of misappropriation. It is both …