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Articles 1 - 30 of 92
Full-Text Articles in Law
A Selective View Of History: Feist Publications, Inc. V. Rural Telephone Service Co., Jennifer R. Dowd
A Selective View Of History: Feist Publications, Inc. V. Rural Telephone Service Co., Jennifer R. Dowd
Boston College Law Review
No abstract provided.
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
Ascap, Bmi And The Public Performance Of Copyrighted Music, Randall Coyne
Ascap, Bmi And The Public Performance Of Copyrighted Music, Randall Coyne
Randall Coyne
No abstract provided.
Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg
Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg
Washington Law Review
This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act. Instead, this Article looks critically at the immediate, potential …
The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo
The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A View From Below, Denis J. Mclnerney
A View From Below, Denis J. Mclnerney
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad
New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green
Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard
Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi
The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick
Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati
China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan
Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines
Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Thin Copyrights, Dale P. Olson
Misappropriation Of Trade Secrets In Oklahoma, Randall Coyne
Misappropriation Of Trade Secrets In Oklahoma, Randall Coyne
Randall Coyne
No abstract provided.
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Michigan Law Review
This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases. …
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
William & Mary Law Review
No abstract provided.
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
Michigan Law Review
A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg
The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison
The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison
Vanderbilt Journal of Transnational Law
The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Faculty Scholarship
Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …
Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon
Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon
Faculty Scholarship
When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.
When should lawmakers place copyright law or other IP law among the prime options to consider?
Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …
Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas
Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas
Brigham Young University Education and Law Journal
No abstract provided.
Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird
Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird
Brigham Young University Journal of Public Law
No abstract provided.
Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein
Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor
Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner
The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz
Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras
Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.