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Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
Scholarship Chronologically
My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".
Copyright Law, David Goldberg, Jane C. Ginsburg
Copyright Law, David Goldberg, Jane C. Ginsburg
Faculty Scholarship
In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year's decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the "fair use" excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work.