Digital Commons Network^™

The Emergence Of Art Law, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.

Patent Law Reform And The Expansion Of Provisions Relating To Licensing, Theodore L. Bowes

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions, Robert S. Patterson, George M. Taylor, Iii

Vanderbilt Journal of Transnational Law

The instant decision is an evolutionary step in the development of extraterritorial antitrust but it falls short of establishing a workable standard. What the decision does point out is that the courts lack the experience and expertise necessary to deal effectively with the application of antitrust laws abroad. This inexperience will further erode the consistent application of United States antitrust laws abroad as the courts begin to hear cases involving less obvious offenses and less significant effects on United States commerce." If, as Sabbatino suggests,' the primary competency of the Executive in foreign affairs is to be the major factor …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …

New Copyright Act & Cable Television: A Signal Of Change, Michael Botein

Articles & Chapters

No abstract provided.

About The Compilers, E. Fulton Brylawski

Legislative History – Copyright Act of 1909

No abstract provided.

Subject Index, E. Fulton Brylawski, Abe Goldman

Legislative History – Copyright Act of 1909

No abstract provided.

Editors' Note, E. Fulton Brylawski

Legislative History – Copyright Act of 1909

No abstract provided.

Sources Of Prior Art In Patent Law, Donald S. Chisum

Washington Law Review

The question of what is prior art involves at least four different dimensions. The first is the dimension of time. When does art become "prior"? When, if ever, is it too old and forgotten to be considered prior art? The second is the dimension of place. The patent statutes make both United States and foreign patents and publications prior art, but limit knowledge, use, and invention to "in this country." When is something "in this country," and why is this distinction made? The third is the dimension of scope. What is the pertinent art to which the invention pertains? How …

Private Copyright And Public Communication: Free Speech Endangered, Lyman R. Patterson

Vanderbilt Law Review

Copyright as it has developed is essentially a private copyright for private communications made public for profit. Theoretically,the right to copyright is derived from the act of creation, and the choice of making his creations public is that of the author. As the copyright clause makes clear, the purpose of the private monopoly of copyright is to encourage the author to make his creations available for public learning. Television, on the other hand, is primarily a medium of public communication that has as a major function the transmission of public information to the public. To apply the present law of …

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

The Patentee's Gains From Royalty Differentiation Under Exclusive Territorial Licensing, William G. Snead

University of Michigan Journal of Law Reform

Royalty differentiation under exclusive territorial grants is a device which a patent owner, given proper conditions, can use to maximize his profits from licensing the patent rights to an invention. The patentee creates exclusive territories by granting only one license per territory, and then sets different royalties for each territory in accordance with the differing price elasticities of demand for the patented end product. Commentators have taken various stands on how the interests of the patentee and the public should be balanced in determining the desirability of permitting such exclusive territorial grants. One analysis purports to show that permitting a …

Further Unraveling Of Sears-Compco: Of Patches, Paladin And Laurel & (And) Hardy, Charles A. Laff, Larry L. Saret

Loyola University Chicago Law Journal

No abstract provided.

Pitfalls Of Foreign Patent Filing, Michael K. Bosworth

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions, John J. Curry, Jr., Dan T. Carter, Melissa Gallivan, James A. Delanis

Vanderbilt Journal of Transnational Law

ANTITRUST--Import Restrictions--Import Ban Ordered as Equitable Relief for Violation of Section 7 of the Clayton Act Must Not Discriminate Against Foreign Producers or Reduce Competition

=======================

European Communities--Restrictive Trade Practices--Patent Licensing Agreements that Restrict Competition between Member States Without Improving Production or Distribution or Promoting Technical or Economic Progress Violate Article 85

========================

JURISDICTION--CONTINENTAL SHELF--ABANDONED VESSEL SALVAGED FROM THE SURFACE OF THE UNITED STATES CONTINENTAL SHELF BEYOND TERRITORIAL WATERS IS NOT UNDER JURISDICTION OF UNITED STATES GOVERNMENT

===========================

IMMIGRATION--A STATE MAY PROHIBIT THE EMPLOYMENT OF ILLEGAL ALIENS

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Customary Use As "Fair Use" In Copyright Law, Harry N. Rosenfield

Buffalo Law Review

No abstract provided.

Patent Law Reform: A Legislative Perspective Of An Extended Gestation, Hugh Scott, Dennis Unkovic

William & Mary Law Review

No abstract provided.

Intellectual And Industrial Property In A Nutshell, Thomas G. Fields Jr.

West Virginia Law Review

No abstract provided.

The Utility Requirement For Patenting Therapeutic Inventions, C. Leon Kim

Buffalo Law Review

No abstract provided.

Licensee Estoppel And Royalty Payments After Lear: Inconsistencies Within The Lower Courts Circumvent Lear Rationale, Henry P. Doggrell

Vanderbilt Law Review

Article I of the Constitution' expressly provides Congress with the authority to grant inventors exclusive rights to their discoveries for limited periods to promote the development of new ideas and innovations. By according the inventor-patentee the seventeen-year right either to exclude all others from making, using, or selling his invention or to contract for its limited use in the form of assignments or licenses, Congress has attempted to provide the initiative and incentive necessary to encourage the continued progress of science and the arts.' Moreover, statutory safeguards, which presume the validity of the patent until a contesting party establishes its …

Computer Software Protection: The Copyright Revision Bills And Alternatives, 8 J. Marshall J. Prac. & Proc. 381 (1975), John Scafetta

UIC Law Review

No abstract provided.

Patent-Antitrust: Patent Dynamics And Field Of Use Licensing, Martin J. Adelman, Friedrich K. Juenger

Law Faculty Research Publications

No abstract provided.

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Cleveland State Law Review

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …

Public Performance Right In Recordings: How To Alter The Copyright System Without Improving It, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens

Buffalo Law Review

No abstract provided.

Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood

Vanderbilt Journal of Transnational Law

This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …

After Blonder-Tongue: Back To The Laboratory To Find A Patent Validation System Even A Court Could Trust

William & Mary Law Review

No abstract provided.