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- Visual artists rights act of 1990 (2)
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Articles 1 - 30 of 56
Full-Text Articles in Law
Patently Obvious: A Dual Standard Solution To The Diverging Needs Of The Information Technology And Pharmaceutical Patent Industries, Andrew Moody
Golden Gate University Law Review
This Comment proposes the use of a specifically tailored obviousness standard as a new solution to the IT and pharmaceutical patent industries' divergent needs. Part I summarizes the obviousness standard's history in patent law. Part II illustrates how the IT and pharmaceutical industries have divergent needs. Part III describes why using a single standard for the obviousness inquiry is inadequate to meet the needs of both the IT and pharmaceutical industries. Part IV illustrates why the obviousness standard needs to be specifically tailored for the IT and pharmaceutical industries. Finally, Part V concludes that a dual standard for obviousness is …
The Ninth Circuit Lands A "Perfect 10" Applying Copyright Law To The Internet, Robert A. Mcfarlane
The Ninth Circuit Lands A "Perfect 10" Applying Copyright Law To The Internet, Robert A. Mcfarlane
Golden Gate University Law Review
The Ninth Circuit Court of Appeals issued three landmark decisions in 2007 that addressed how copyright protections apply to images that can be accessed over the Internet. Internet publisher Perfect 10 initiated these lawsuits based on allegations that its registered copyrights were infringed when unauthorized copies of its photographs appeared on third-party websites where they could be viewed, downloaded, and purchased without payment to Perfect 10. This Article briefly summarizes the facts of these three cases, explains the central holdings of each decision, and then concludes with a discussion of the collective impact that the three decisions have on enforcement …
Patenting The Diagnosis Of A Disease: The Scope Of Patentable Subject Matter Based On Labcorp V. Metabolite Labs, Timothy J. Ohara
Patenting The Diagnosis Of A Disease: The Scope Of Patentable Subject Matter Based On Labcorp V. Metabolite Labs, Timothy J. Ohara
Golden Gate University Law Review
Currently, a method of diagnosing a disease can be broadly claimed in a patent. The United States Supreme Court initially granted certiorari in Metabolite Labs to decide whether the method-of-diagnosis claim was patentable. Later, the Court dismissed certiorari as improvidently granted. This Note asserts that the Court should have adjudicated the case because there is a great need to clarify what is patentable subject matter for method claims that do not entail a physical transformation of matter, particularly in view of the seeming inconsistency between Diamond v. Diehr and State Street Bank & Trust Co. v. Signature Financial Group.
Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Golden Gate University Law Review
This Note will discuss how the Ninth Circuit incorrectly adopted the average-audience test because the test has become overbroad in its application, is ill-equipped to deal with the issues of complex modern music, and has drifted from the fundamental purpose of copyright law. The Ninth Circuit should have adopted the intended- audience test, which looks to the reaction of those with the expertise required to understand the language of the work and more truly reflects the fundamental purpose of copyright law: the protection of the creator's market.
Mercexchange V. Ebay: Should Newsgroup Postings Be Considered Printed Publications As A Matter Of Law In Patent Litigation?, Zhichong Gu
Golden Gate University Law Review
Part I of this Note provides a brief background concerning eBay's method of doing business, its subsequent litigation with MercExchange and the applicable patent law. Part II presents relevant facts about newsgroups and other types of internet documents. Part III discusses eBay's invalidity defense used in its case against MercExchange's patents. The legal issue - whether a newsgroup posting should be considered a printed publication within the meaning of the patent statutes - arises from eBay's invalidity defense. As it turns out, the district court's ruling on this issue in MercExchange v. eBay conflicts with the relevant policy and practice …
Intellectual Property - Brookfield Communications, Inc. V. West Coast Entertainment Corp., Patricia Elizabeth Caldwell
Intellectual Property - Brookfield Communications, Inc. V. West Coast Entertainment Corp., Patricia Elizabeth Caldwell
Golden Gate University Law Review
In Brookfield Communications, Inc. v. West Coast Entertainment Corp., the United States Court of Appeals for the Ninth Circuit discusses whether trademark or unfair competition laws prohibit the use of another's trademark in its web site's domain name and metatag. The court concluded there was a likelihood of confusion between the marks. Therefore, using the mark in the web site's domain name constitutes trademark infringement. In addition, using the mark in the site's metatag created initial interest confusion.
Don't Be Cruel: Scope Of Parody Curtailed In Elvis Presley Enterprises, Inc. V. Capece, Deborah Wright
Don't Be Cruel: Scope Of Parody Curtailed In Elvis Presley Enterprises, Inc. V. Capece, Deborah Wright
Golden Gate University Law Review
This Note explores how the Fifth Circuit limited the legal boundaries of parody in the context of trademark law. Section II provides a background of trademark law and how parody fits into a court's determination as to whether infringement has occurred. Section III presents the facts and procedural history of the case, including the district court's analysis. In Section IV, this Note examines how the Fifth Circuit Court of Appeal approached the application of parody in the trademark context. Finally, Section V discusses the severe limitation on the legal use of parody set forth by the Fifth Circuit, and offers …
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Golden Gate University Law Review
In Newcombe v. Adolf Coors Co., the United States Court of Appeals for the Ninth Circuit held that a Major League baseball pitcher, retired for over thirty years, had valid publicity infringement claims against defendants who created an advertisement using a drawing of his stance. According to the court, a material factual issue existed as to whether the drawing of the stance in the advertisement conjured up images of the pitcher, even though the pitcher's face could not be identified from the drawing, and his name did not appear anywhere in the advertisement. Thus, the court found a subtle image …
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Golden Gate University Law Review
In Kendall-Jackson v. Gallo,l the United States Court of Appeals for the Ninth Circuit held that grape leaf designs on wine bottles are not protected as trademarks under the Lanham Trademark Act because of widespread use in the industry. Accordingly, the Ninth Circuit upheld the district court's decision to grant Gallo's summary judgment motion in favor of Gallo.
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Golden Gate University Law Review
In Dreamwerks Production Group, Inc. v. SKG Studio the United States Court of Appeals for the Ninth Circuit evaluated whether the trademarks "Dreamwerks" and "Dream Works" were likely to confuse the reasonable consumer. Traditionally, a well-known, senior trademark user will sue a lesser-known, junior trademark user in order to protect its goodwill and prevent customer confusion. In Dreamwerks, however, the parties' positions were reversed, with the lesser-known, senior user, Dreamwerks Production Group, suing the better-known, yet junior user, SKG Studio. The Ninth Circuit held that, like every other new company, SKG Studio was required to select a name that would …
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Golden Gate University Law Review
In a matter of first impression, the United Sates Court of Appeals for the Ninth Circuit, in Blockbuster Videos, Inc. v. City of Tempe, considered whether section 1121(b) of the Lanham Act preempts a municipality's authority to require the alteration of a federally registered trademark. Based on the plain language of the statute, the court held that a local entity may not require the alteration of a trademark to enforce a zoning ordinance, though it may prohibit the display of the trademark.
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Golden Gate University Law Review
This note discusses the procedural history of Panavision. Part III surveys the evolving application of personal jurisdiction in the various courts as applied to the Internet through minimum contacts and the Calder "effects test." Part IV outlines the Ninth Circuit's analysis of personal jurisdiction in Panavision. Part V critiques the Ninth Circuit's analysis, focusing particularly on several flaws in the court's reasoning. Part VI summarizes the effect that the decision in Panavision will have on future suits involving the Internet.
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
An Analysis Of The Fair Use Defense In Dr. Seuss Enterprises V. Penguin, Mary L. Shapiro
Golden Gate University Law Review
This note sets forth the facts and procedural history of Dr. Seuss Enterprises v. Penguin, which is the most recent Ninth Circuit copyright decision presenting the affirmative fair use defense. Section III provides a brief background of copyright law and the fair use defense. Section III also presents a historical view of the fact-sensitive, case-by-case analysis of the four statutory fair use defense factors codified in 17 U.S.C. § 107. Section IV examines the Ninth Circuit's decision in Dr. Seuss Enterprises v. Penguin, focusing on Seuss Enterprises' copyright infringement claim. Section V critically analyzes the Ninth Circuit's holding, focusing on …
Global "Development" And Its Environmental Ramifications - The Interlinking Of Ecologically Sustainable Development And Itellectual Property Rights, Vandana Date
Golden Gate University Law Review
This Comment will examine the necessity of preserving biodiversity in general, and the specific influence of International Environmental Law (IEL) and Intellectual Property Rights (IPR) on preserving the earth's biodiversity. Additionally, this Comment focuses on the numerous problems arising from the rapid destruction of biodiversity and how application of IPR may abate these problems. Part II discusses the evolution of IEL, including the chronological development of global environmentalism and the need for further ecologically sustainable development. Part III reviews two recent treaties that provided a forum for discussing the connection between the preservation of biodiversity and IPR: the United Nations …
Internet Copyright Infringement Liability: Is An Online Access Provider More Like A Landlord Or A Dance Hall Operator?, Mary Ann Shulman
Internet Copyright Infringement Liability: Is An Online Access Provider More Like A Landlord Or A Dance Hall Operator?, Mary Ann Shulman
Golden Gate University Law Review
This Comment examines the issue of whether an access provider may be found liable for copyright infringement by a bulletin board subscriber. It provides a background of copyright law and policy, discusses traditional legal theories of copyright infringement liability, and analyzes a recent case that, for the first time, directly addressed the issue of an Internet access provider's liability, Religious Technology Center v. Netcom On-Line Communication Services. This Comment discusses the application of the legal principles in Fonovisa v. Cherry Auction to the potential liability of an online access provider. This Comment concludes with a critique proposing that revision of …
Intellectual Slavery?: The Doctrine Of Inevitable Disclosure Of Trade Secrets, Johanna L. Edelstein
Intellectual Slavery?: The Doctrine Of Inevitable Disclosure Of Trade Secrets, Johanna L. Edelstein
Golden Gate University Law Review
This note will discuss the Seventh Circuit's analysis and the potential impact of the PepsiCo decision. The author will ultimately conclude that application of the inevitable disclosure theory in actions to prevent employers from working for competitors creates a substantial risk for employees, impedes their mobility, limits their options and strips them of their bargaining power. Additionally, this note will argue that general acceptance of the inevitable disclosure theory could have a serious impact on a wide range of industries, stifling the dissemination of general technical knowledge and economic growth.
Intellectual Property Law - Mai V. Peak: Should Loading Operating System Software Into Ram Constitute Copyright Infringement?, Katrine Levin
Intellectual Property Law - Mai V. Peak: Should Loading Operating System Software Into Ram Constitute Copyright Infringement?, Katrine Levin
Golden Gate University Law Review
No abstract provided.
Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg
Golden Gate University Law Review
No abstract provided.
Intellectual Property - Sega Enterprises Ltd. V. Accolade, Inc.: Setting The Standard On Software Copying In The Computer Software Industry, Julie Aguilar
Golden Gate University Law Review
No abstract provided.
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
Golden Gate University Law Review
While eleven states have enacted legislation creating moral rights for artists, until recently there was no federal law addressing the issue. The Visual Artists Rights Act of 1990,10 which became effective June 1, 1991, creates federal moral rights for artists and contains provisions specifically covering artwork incorporated into buildings. This article will begin with a brief overview of VARA and a detailed analysis of the provisions covering artwork incorporated into buildings. The focus of the article will address the many problems concerning the rights and duties of artists and real property owners under VARA, and will propose solutions to these …
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Golden Gate University Law Review
In the wake of Feist, copyright practitioners are scrambling to determine what it all means, and how best to protect their client's intellectual property rights and interests. While different views are presented, an expression of dismay is common. This note will address the question: are the copyright practitioners justified in their concern? Part I will outline the Constitutional underpinnings of copyright protection. More specifically, this Part will discuss the two theories underlying the case law in the circuit courts of appeal, including a discussion of their legal philosophies. Part II will examine the Court's decision in Feist. Part III will …
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
Golden Gate University Law Review
This Note will analyze the results of extending the "practical inevitability" test and creativity standard in the holding of Feist Publications, Inc. v. Rural Telephone Service Co. from works involving the compilation of facts to other works including computer programs, sculpture, signs, fabric patterns and chinaware patterns. It will also discuss the Copyright Office's review of copyright applications for functional objects. The Note will continue with an analysis of the ramifications of the policy of judicial deference to the Register of Copyright's decision on creativity when reviewing a copyright denial. It will conclude with a discussion of the judicial policy …
Reverse Engineering Under The Semiconductor Chip Protection Act: An Argument In Favor Of A "Value-Added" Approach, Kathryn A. Fugere
Reverse Engineering Under The Semiconductor Chip Protection Act: An Argument In Favor Of A "Value-Added" Approach, Kathryn A. Fugere
Golden Gate University Law Review
The purpose of this note is to question whether the SCPA reverse engineering exception adequately protects the rights of chip owners while allowing competitors to develop compatible products. This note concludes that the SCPA reverse engineering exception falls short of providing meaningful protection. The note also concludes that a "value-added" approach to the reverse engineering exception is superior to the existing approach (which is too closely allied with copyright law and fosters lengthy and expensive litigation). Part III is a discussion of the practice of reverse engineering in general and under the SCPA. Part IV, using Atari v. Nintendo as …
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Galoob V. Nintendo: Derivative Works, Fair Use & Section 117 In The Realm Of Computer Programs Enhancements, Christopher A. Kesler
Golden Gate University Law Review
This Note will analyze the holding in Lewis Galoob Toys, Inc. v. Nintendo of America. First a background of copyright law relevant to computer technology and video games will be developed. Emphasis will be placed on the issues surrounding exceptions to a copyright holder's exclusive rights and the enhancement of computer programs.
Human Ingenuity: A Novel Standard For Patenting Algorithms, Kenneth C. Brooks
Human Ingenuity: A Novel Standard For Patenting Algorithms, Kenneth C. Brooks
Golden Gate University Law Review
This Comment advocates that the Court afford patent protection to algorithms by adopting the standard of patentability applied in biotechnology patent law: human ingenuity. Part II describes some fundamental aspects of computer technology. Part III discusses the current state of patent law concerning patenting algorithms. Part IV demonstrates that the Court's restrictive standard of patentability is not consistent with case precedent. Part V describes how the Court's policy of precluding algorithms from patent protection subverts the patent system. Part VI explicates a standard of patentability, human ingenuity, and describes how this standard would return predictability to the patent system.
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Golden Gate University Law Review
This Note will first discuss the complex nature of computer technology and the scope of copyright protection currently available for computer programs. Section III will identify the elements of a copyright infringement cause of action and highlight the critical role of the test for substantial similarity. Section IV will set out the current three-way conflict in the circuit courts regarding the appropriate test for substantial similarity in computer program infringement cases and will examine the origins, underlying justifications and practical ramifications of each test. Finally, this Note will conclude that where the subject matter of a copyright dispute is particularly …
Security Interests In Intellectual Property: Recent Developments, Douglas C. Maclellan
Security Interests In Intellectual Property: Recent Developments, Douglas C. Maclellan
Golden Gate University Law Review
This Note will examine the parameters of conflict in light of some recent cases addressing security interests in copyright, patent, and trademark. Part I will review the purpose and substance of the filing provisions of Article Nine. Part II will examine the scope of Article Nine's authority, particularly where it conflicts with the federal recordation provisions. Part III will analyze several recent cases to determine the present extent of Article Nine's authority. Part IV will discuss the need to reform the federal statutes to clarify the rights of parties in secured transactions in intellectual property.
Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark
Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark
Golden Gate University Law Review
This comment asserts that federal courts do not decide the likelihood of confusion issue by using these theories. Instead, the typical likelihood of confusion dispute is decided by giving actual confusion more weight than other analytical elements, despite courts' claims that they give the elements equal weight and consideration.
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
Golden Gate University Law Review
This article will be divided into three sections focusing on the Visual Artists Rights Act's art in buildings provisions, and these provision's effects on artists and building owners. First, the various state art preservation acts will be compared and contrasted with the VARA, focusing particularly on the California Act. Second, the VARA's art in buildings section will be analyzed, focusing on 1) the development of the section, 2) how determining whether art is removable effects artists and building owners, and 3) the dilemma building owners face when art is attached to their buildings without their knowledge or consent. Finally, the …
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Golden Gate University Law Review
Although the unauthorized use of sound recordings in derivative collage compositions may in some instances infringe on the copyright of a given composition or sound recording, such use may be protected under a fair use analysis typically accorded works of parody. Therefore this Comment will first provide some historical context for understanding aural appropriation as an evolving 20th century art form with parallels and antecedents in the visual arts. Next comes a discussion of how certain collage-based compositions may violate applicable copyright laws under the 1976 Copyright Act. This Comment will then explore whether the appropriation of pre-existing sound recordings …