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Intellectual Property Law

1986

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Full-Text Articles in Law

Note On The Desert Theory Paper - 1986, Wendy J. Gordon Nov 1986

Note On The Desert Theory Paper - 1986, Wendy J. Gordon

Scholarship Chronologically

The desert theory paper may be recast under the title: “The Misappropriation Explosion: Desert Theory in Intellectual Property Law” or “Desert Theory Misapplied.”


Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley Nov 1986

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

BYU Law Review

No abstract provided.


San Francisco Arts & Athletics, Inc. V. Unites States Olympic Committee, Lewis F. Powell Jr. Oct 1986

San Francisco Arts & Athletics, Inc. V. Unites States Olympic Committee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney Oct 1986

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.


Biological Deposits Necessary For Patent Protection: An Expansion Of Permissible Procedure—In Re Lundak, 773 F.2d 1216, 227 U.S.P.Q (Bna) 90 (Fed. Cir. 1985), Debra K. Leith Oct 1986

Biological Deposits Necessary For Patent Protection: An Expansion Of Permissible Procedure—In Re Lundak, 773 F.2d 1216, 227 U.S.P.Q (Bna) 90 (Fed. Cir. 1985), Debra K. Leith

Washington Law Review

The standard for biological deposits necessary for compliance with the enablement provisions of the Patent Act of 1952 (codified at Title 35 U.S.C.) has been altered by the Federal Circuit Court of Appeals in In re Lundak. Before Lundak, patent applications dependent on the use of biological materials called for the deposit of a biological sample in an independent depository, out of the inventor's control, on or before the filing date. The Lundak decision now permits an inventor to retain control of the deposit during prosecution of the patent application, so long as the public is guaranteed access to the …


Letter To Bruce Ackerman, Wendy J. Gordon Sep 1986

Letter To Bruce Ackerman, Wendy J. Gordon

Scholarship Chronologically

I shall be heading back to Rutgers for classes shortly, and I'm sending you a draft of the "Copyright and Copy-privilege" piece in the hope of receiving some additional comments before I enter into the final "polishing" stages later this month. As you know from my last note, the suggestions you made have proved extremely useful -- the title is the least of it. Among other things, your suggestions for reorganization led, indirectly, to a way of unifying the piece on copyright and contract with another piece I've been working on, regarding copyright and tort. I'm very pleased with the …


The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy* Sep 1986

The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy*

Washington and Lee Law Review

No abstract provided.


What The General Practitioner Should Know About Trademarks And Copyrights. By Arthur H. Siedel, Samuel L. Davidson Sep 1986

What The General Practitioner Should Know About Trademarks And Copyrights. By Arthur H. Siedel, Samuel L. Davidson

Washington and Lee Law Review

No abstract provided.


Think Pink! Color Can Be A Trademark Sep 1986

Think Pink! Color Can Be A Trademark

Washington and Lee Law Review

No abstract provided.


Letter To Professor Bruce Ackerman, Wendy J. Gordon Aug 1986

Letter To Professor Bruce Ackerman, Wendy J. Gordon

Scholarship Chronologically

As I said in my last note, your suggestions for the "Copyright and Copy-privilege" paper have proven extremely valuable. (The title is the least of it.) The reorganization you suggested has allowed the paper to blossom, and I'm extremely pleased with the results.


The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii Jul 1986

The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii

Florida State University Law Review

No abstract provided.


Note On Materials For Arfuller - 1986, Wendy J. Gordon Jun 1986

Note On Materials For Arfuller - 1986, Wendy J. Gordon

Scholarship Chronologically

1/18/86 draft of "Towards a Unified Theory"


Note On General Conclusion - 1986, Wendy J. Gordon Jun 1986

Note On General Conclusion - 1986, Wendy J. Gordon

Scholarship Chronologically

The burden of the first part of this paper has been to suggest that tort law provides us no self-justifying notion of "wrongs" by which we can allocate rights and duties. The burden of the second part of this paper has been to suggest that contract law's notion of "consent" is similarly unable to provide justification for any particular system of rights. How would one go about constructing a theory by which to evaluate whether a given property system could be justified? A full answer to that question is surely outside the scope of this paper, but some basic points …


Note On Re Article On Definition Of Tort/Property - 1986, Wendy J. Gordon May 1986

Note On Re Article On Definition Of Tort/Property - 1986, Wendy J. Gordon

Scholarship Chronologically

Some distinctions in the law are fairly clear. For example, we seem to think that bad actions deserve to be punished, actions which are not personally blameworthy should not be punished, and that injuries to innocent persons should be compensated. But there are many instances in which these two goals cannot be simultaneously served. There we partially separate them, placing each in its own primary area of law. For those instances in which a bad action occurs and no one is injured, the criminal law has a remedy (the law of attempts). For those instances in which an innocent party …


A Response To Gregg Williams' "A Threat To Future Software", I. Trotter Hardy May 1986

A Response To Gregg Williams' "A Threat To Future Software", I. Trotter Hardy

Popular Media

No abstract provided.


Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener Apr 1986

Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener

University of Michigan Journal of Law Reform

Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.


Copyright Protection For Architectural Works, David E. Shipley Apr 1986

Copyright Protection For Architectural Works, David E. Shipley

Scholarly Works

Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts of architects culminate in structures used for shelter, pleasure, business, entertainment, and transportation.1 Architects express their design concepts in sketches, elevations, floor plans, working drawings, specifications, renditions, and three-dimensional models. Their labors in shaping the ideas for a building from rough conceptions into plans and then into completed structures are similar to the efforts of other creators. An architect is as much an author as is a sculptor or a dramatist. His plans, renditions, and the resulting structure will ordinarily show originality and will reflect …


Xi. Trademark Mar 1986

Xi. Trademark

Washington and Lee Law Review

No abstract provided.


The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir Jan 1986

The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …


Forum And Substance: Introduction To The Symposium, Louis B. Schwartz Jan 1986

Forum And Substance: Introduction To The Symposium, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …


The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington Jan 1986

The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington

UC Law SF Communications and Entertainment Journal

In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …


The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller Jan 1986

The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.


The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter Jan 1986

The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …


Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger Jan 1986

Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger

UC Law SF Communications and Entertainment Journal

In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …


The Changing Nature Of Communications Law Practice, Stuart N. Brotman Jan 1986

The Changing Nature Of Communications Law Practice, Stuart N. Brotman

UC Law SF Communications and Entertainment Journal

This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …


Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel Jan 1986

Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …


Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller Jan 1986

Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …


Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit Jan 1986

Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit

UC Law SF Communications and Entertainment Journal

The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …


When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton Jan 1986

When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton

UC Law SF Communications and Entertainment Journal

The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …


Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek Jan 1986

Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.