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Full-Text Articles in Law
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Federal Communications Law Journal
Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Richmond Journal of Law & Technology
Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.
Overreaching Provisions In Software License Agreements, Michael Liberman
Overreaching Provisions In Software License Agreements, Michael Liberman
Richmond Journal of Law & Technology
Historically, software license agreements emerged as the most popular means of protection of proprietary rights in computer software. As a common form of contract and trade secret protection, software licenses coexist with other forms of intellectual property rights such as patent and copyright. The importance of these forms of protection has recently increased. Where the licensor fails to consider the implications of the relation between these forms of protection, the licensor's attempts to maximize contractual protection while restricting the licensee's activities regarding the licensed software may result in overreaching. Under these circumstances, a court may invalidate the license agreement in …
Using Section 337 Of The Tariff Act Of 1930 To Block Materially Different Gray Market Goods In The Common Control Context: Are Reports Of Its Death Greatly Exaggerated?, Margo A. Bagley
Faculty Articles
This Comment examines the primary reasons for trademark owners within the common control exception to revisit section 337 when faced with materially different gray market goods. Part One discusses the issues in and history of the gray market goods controversy, and the common control exception. Part Two focuses on section 337: how it works, its use in gray market goods cases, and how it has changed as a result of amendments in the Omnibus Trade and Competitiveness Act of 1988 and in the Uruguay Round Agreements Act of 1994. Part Three traces the changes in the gray market landscape favorable …
Unconstitutional Incontestability? The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp, Malla Pollack
Seattle University Law Review
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum
Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum
Touro Law Review
No abstract provided.