Digital Commons Network^™

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag

University of Richmond Law Review

For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.

Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider

University of Richmond Law Review

Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.

China's Joint Venture Law: A Preliminary Analysis, Preston M. Torbert

Vanderbilt Journal of Transnational Law

China's Joint Venture Law is an impressive step towards modernizing the Chinese economy with the help of Western managerial and technical help. It is, however, unclear and incomplete in several respects. In assessing the nature of the Joint Venture Law as it presently stands and in forecasting the changes that will be made, it is helpful to look both to the experiences of Romania and Yugoslavia as well as to China's own experience with compensation trade and joint state-private enterprises. Not only are these prior experiences valuable from an analytical point of view, but they are also useful as practical …

The Legal Protection Of Printed Systems, Dale P. Olson

West Virginia Law Review

No abstract provided.

Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review

Michigan Law Review

This Note criticizes the Supreme Court's treatment of total-sales royalties. Part I outlines the scope of the patent-misuse doctrine, and Part II describes the development of the Zenith conditioning test. Part III analyzes that test; it suggests that the Zenith opinion is not internally consistent and that courts may not be able to apply the conditioning test satisfactorily. Finally, in response to Justice Harlan's dissenting opinion in Zenith, in which he notes the dearth of literature on the economic consequences of total-sales royalty provisions, 14 Part III undertakes an analysis of those consequences. The analysis demonstrates that total-sales royalty …

Copyright Revision Act And Visual Artists, Hamish R. Sandison

UC Law SF Communications and Entertainment Journal

No abstract provided.

Business And Economic Implications Of Programme Patent Protection In Canada, 1 Computer L.J. 105 (1978), Gaylen A. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Infringement And Remedies Provisions Of The New Copyright Law, Paul W. Vapner

UC Law SF Communications and Entertainment Journal

No abstract provided.

Motion Picture Exhibition Without A License: Alchemy In The Second Circuit, Marc R. Stein

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Legal Conundrum - Transsexuals In Athletics, Lisa M. Bassis

UC Law SF Communications and Entertainment Journal

No abstract provided.

Moral Right Revisited: Are We Closer To Full Protection For Authors, Edward D. L. Yuen

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Personal Manager In California: Riding The Horns Of The Licensing Dilemma, David F. Charles

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Public Interest And The Right To Copy Nonfunctional Product Features

William & Mary Law Review

No abstract provided.

A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw

Indiana Law Journal

No abstract provided.

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.

Copyright--Originality--Confusing The Standards For Granting Copyrights And Patents, Jo Walton Eaton

West Virginia Law Review

No abstract provided.

Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.

William & Mary Law Review

No abstract provided.

Nonobviousness In Patent Law: A Question Of Law Or Fact?

William & Mary Law Review

No abstract provided.

Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer

UC Law SF Communications and Entertainment Journal

The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.

Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell

UC Law SF Communications and Entertainment Journal

The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish

UC Law SF Communications and Entertainment Journal

Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …

Fair Use And Home Videotape Copying Of Television Broadcasts, James E. Reed

Seattle University Law Review

This comment discusses home videotape recording under both the 1909 Copyright Act and the new copyright law which becomes effective January 1, 1978. Because home videotaping violates the copyright holder's exclusive rights to transcribe or copy the copyrighted program, the comment focuses on the application of the fair use doctrine to home recording of television programs. If home videotape recording is not a fair use, individuals recording copyrighted television programs are liable for copyright infringement; yet, because private copying is difficult to detect, it may be impossible for copyright holders to protect themselves from this private copying. The comment, therefore, …

The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons

UC Law SF Communications and Entertainment Journal

The "fairness doctrine" requires broadcast licensees to devote a reasonable percentage of their programming to controversial issues of public importance, and to present contrasting viewpoints when such issues are aired. The author concentrates on the requirement to present contrasting viewpoints, discussing the case law and policy guidelines that have emerged and concluding that in its present form the doctrine operates unfairly to both viewers and broadcasters. He suggests specific proposals for improvement.

The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow

UC Law SF Communications and Entertainment Journal

The author recently testified in the current hearings conducted by the U.S. House Subcommittee on Communications in which repeal of the Equal Opportunities and Fairness Doctrines is being considered. In this article the author discusses the constitutional bases of these doctrines, the governmental action issue in the event of their repeal, and whether the Fairness Doctrine inhibits broadcast journalism. He suggests a differential equality of access solution to the present problem of application of the Equal Opportunities Doctrine and argues that the need of the people to know should continue to be a right through the Fairness Doctrine.

Copyright Protection For Computer Programs Under The 1976 Copyright Act, Louis Peter Pataki Jr.

Indiana Law Journal

No abstract provided.

Relevant Market Paradox - Attempted And Completed Patent Fraud Monopolization, Martin J. Adelman

Law Faculty Research Publications

No abstract provided.

The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg

Cleveland State Law Review

The 1976 Copyright Act represents a major advance for the creator. This is not to say that every provision is favorable to the creator. The new law is extremely complex, and the effects of many of its provisions are even now the subject of debate. The improvements of the new law over the 1909 Copyright Act are of such significance, however, as to justify its characterization by the Register of Copyrights as "an author's bill." This paper, based upon a panel discussion of the new law held at the Volunteer Lawyers for the Arts National Art Law Conference on December …

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …