Law Commons^™

The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy

Faculty Publications

No abstract provided.

Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley

Scholarly Works

Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …

Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy

Faculty Publications

No abstract provided.

An Economic Understanding Of Copyright Law's Work-Made-For-Hire Doctrine, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.

Comment, Section 337 And Gatt In The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark C. Modak-Truran

Journal Articles

Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding infringing imports from the United States marketplace. Before the Omnibus Trade and Competitiveness Act of 1988 (the "Omnibus Trade Act"), some argued that Section 337 should be amended to provide for further protection. Others maintained that Section 337 conflicts with United States obligations under the General Agreement on Tariffs and Trade ("GATT") or that further substantive amendments of Section 337 would conflict with GATT. A GATT Panel in Imports of Certain Automotive Spring …

Book Review. Copyright For The Eighties: Cases And Materials, 2d Ed., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Copyright Protection Of Fictional Characters In Japan, Kenneth L. Port

Faculty Scholarship

There is a renewed interest in the United States in Japanese Copyright law. Specifically, new attention has been focused on the protection of computer software under the Japanese Copyright Act, but only a cursory attempt has been given in English language literature to the issue of whether fictional characters can be protected using copyright law in Japan independent of the original work. The objective of this Comment is to fill this void. First the Comment presents the fundamental concepts of American copyright law needed as background knowledge to understand the issue. The Comment then explores the existing satiation in Japan …

Who Cares Who Wrote "Shakespeare"?, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

Obviously, a great many people, on both (or all) sides of the "authorship question," and they care a lot. The real question is why. Proponents of various authorship claimants compete in their protestations of admiration for the plays and poems in controversy. But if these works are in fact so universally and inexhaustibly fertile of significance, why should any admirer of them waste precious time, which might better be devoted to the study of the texts themselves, arguing about an ultimately irresoluble historical puzzle? And why is so much of the discussion conducted at such a relatively high pitch of …

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.

Colors In Conflicts: Moral Rights And The Foreign Exploitation Of Colorized U.S. Motion Pictures, Jane C. Ginsburg

Faculty Scholarship

This article explores an international aspect of the current debate over colorized motion pictures. Under the present U.S. copyright law, most film directors and other creative contributors to an audiovisual work are unlikely to obtain injunctive relief from a U.S. court against the exhibition or dissemination of color-encoded versions of black and white originals. The difficulty is not simply that the U.S. copyright law does not recognize a specific moral right of integrity independent of economic rights. The director's poor domestic prospects are largely due to U.S. copyright law's work-made-for-hire doctrine. Most contributors to an audiovisual work are employees for …

One Hundred And Two Years Later: The U.S. Joins The Berne Convention, Jane C. Ginsburg, John M. Kernochan

Faculty Scholarship

In historic votes on October 5 and October 12, the U.S. Senate and House of Representatives unanimously approved legislation designed to bring U.S. law into compliance with the Berne Convention. The legislation was signed by President Reagan on October 31, 1988. Also signed by the President was a Senate Resolution of October 20 of Ratification of the Berne Convention. Following deposit of the requisite instruments with the World Intellectual Property Organization in Geneva, U.S. adherence to Berne took effect on March 1, 1989.

For the U.S., this momentous step is the culmination of decades of struggle, including many failed attempts …