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Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley
Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley
Scholarly Works
This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted rights …
The Transfer Of Technology To Latin America, Gabriel M. Wilner
The Transfer Of Technology To Latin America, Gabriel M. Wilner
Scholarly Works
The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …