Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (23)
- UC Law SF (18)
- Selected Works (15)
- Fordham Law School (14)
- University of Richmond (14)
-
- Maurer School of Law: Indiana University (9)
- University of Michigan Law School (9)
- Boston University School of Law (8)
- Marquette University Law School (8)
- Columbia Law School (7)
- University of Washington School of Law (7)
- UIC School of Law (6)
- Villanova University Charles Widger School of Law (6)
- American University Washington College of Law (4)
- University of Georgia School of Law (4)
- Washington and Lee University School of Law (4)
- William & Mary Law School (4)
- Brooklyn Law School (3)
- Cleveland State University (3)
- Georgetown University Law Center (3)
- Santa Clara Law (3)
- University of Baltimore Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Duke Law (2)
- Loyola University Chicago, School of Law (2)
- Seattle University School of Law (2)
- University of Massachusetts School of Law (2)
- University of New Hampshire (2)
- University of Pennsylvania Carey Law School (2)
- Washington University in St. Louis (2)
- Keyword
-
- Intellectual property (30)
- Copyright (29)
- Patent (13)
- Internet (12)
- Trademark (12)
-
- Patent law (10)
- Fair use (8)
- First amendment (8)
- Patents (7)
- Copyright law (6)
- Patentability (6)
- UCITA (6)
- Federal Trademark Dilution Act (5)
- First Amendment (5)
- Free speech (5)
- Technology (5)
- Trademark infringement (5)
- Uniform Computer Information Transactions Act (5)
- Digital Millennium Copyright Act (4)
- Intellectual Property Law (4)
- Lanham Act (4)
- Privacy (4)
- Unfair competition (4)
- Biotechnology (3)
- Commercial speech (3)
- Data (3)
- Federal Circuit (3)
- Information (3)
- Inventions (3)
- Law and economics (3)
- Publication
-
- Faculty Scholarship (22)
- Vanderbilt Law Review (19)
- UC Law SF Communications and Entertainment Journal (17)
- Fordham Intellectual Property, Media and Entertainment Law Journal (14)
- Richmond Journal of Law & Technology (14)
-
- Kembrew McLeod (11)
- Marquette Intellectual Property Law Review (8)
- Articles (7)
- Faculty Publications (7)
- All Faculty Scholarship (5)
- UIC John Marshall Journal of Information Technology & Privacy Law (5)
- Articles by Maurer Faculty (4)
- Federal Communications Law Journal (4)
- Jeffrey S. Moorad Sports Law Journal (4)
- Georgetown Law Faculty Publications and Other Works (3)
- Library Staff Publications (3)
- Michigan Law Review (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Washington and Lee Law Review (3)
- American University Law Review (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Publications & Other Works (2)
- LLM Theses and Essays (2)
- Law Faculty Articles and Essays (2)
- Law Faculty Scholarship (2)
- Law Publications (2)
- Scholarly Works (2)
- Scholarship Chronologically (2)
- Seattle University Law Review (2)
- Sonia Baldia (2)
- Publication Type
Articles 31 - 60 of 220
Full-Text Articles in Law
Rethinking Patent Law In The Administrative State, Orin S. Kerr
Rethinking Patent Law In The Administrative State, Orin S. Kerr
William & Mary Law Review
This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
Washington International Law Journal
The Philippines enacted the Intellectual Property Code ("IPC") on June 6, 1997 to comply with its World Trade Organization ("WTO") treaty obligations and to respond to U.S. concerns regarding intellectual property protection in the Philippines. The IPC streamlines administrative procedures, increases criminal penalties for copyright infringement, and provides copyright protection for computer software. Despite the enactment of the IPC, the United States has kept the Philippines on its Special 301 "Watch List" of intellectual property rights violators. The United States maintains that the level of intellectual property protection in the Philippines is inadequate and ineffective, particularly in the areas of …
Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.
Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.
Law Faculty Scholarship
At one time, only works visible to the naked eye were copyrightable, but that has long since changed. Now, works capable of perception only by use of VCRs or computers, for example, enjoy the same protection as books, paintings and sculpture. In 1994, William S. Strong reported that he had "heard Chicken Littles say that the sky is falling in on copyright owners" in the digital age and predicted to the contrary. He was right; publishers' problems may have changed in degree but not in kind. For important, if not critical, internet needs to be met, providers must recoup costs.
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Washington and Lee Law Review
No abstract provided.
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
Washington and Lee Law Review
No abstract provided.
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
American University Law Review
No abstract provided.
Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis
Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis
American University Law Review
No abstract provided.
Intellectual Property- Protect Or Lose It, Srividhya Ragavan
Intellectual Property- Protect Or Lose It, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
After Microsoft Wins, Robert H. Lande
Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell
Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell
All Faculty Scholarship
In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of the …
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Indiana Law Journal
No abstract provided.
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Faculty Publications
With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …
Intellectual Property, Michael W. Rafter
Intellectual Property, Michael W. Rafter
Mercer Law Review
Previous issues of the Eleventh Circuit Survey have not included articles addressing developments in the Eleventh Circuit's intellectual property jurisprudence. But as the Internet and other forms of media make an ever-increasing amount of information available to anyone anywhere, intellectual property rights are becoming increasingly significant and valuable. Therefore, no better time exists than now to add an intellectual property article to the Survey. Accordingly, this Article examines several noteworthy cases involving intellectual property rights decided by the Eleventh Circuit during 1999.
Actual Versus Legal Control: Reading Vicarious Liability For Copyright Infringement Into The Digital Millennium Copyright Act Of 1998, Charles S. Wright
Actual Versus Legal Control: Reading Vicarious Liability For Copyright Infringement Into The Digital Millennium Copyright Act Of 1998, Charles S. Wright
Washington Law Review
Title 11 of the Digital Millennium Copyright Act of 1998 purports to limit the liability of Internet service providers that have been found vicariously liable for copyright infringement. However, by basing this limitation on the absence of the "benefit" and "control" elements of the common law test for vicarious liability, the plain language of Title II, codified at 17 U.S.C. § 512, appears to preclude statutory protection once a court has found a service provider vicariously liable. This Comment argues that courts must read a narrow definition of "actual" control into 17 U.S.C. § 512(c)(1)(B) in order to preserve the …
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman
Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman
Architecture Faculty Articles
This article traces the development of American copyright law as it applies to architectural works from its earliest foundations in the United States Constitution until the enactment of the Architectural Works Copyright Protection Act in 1990. By focusing on the outcomes of the latest legislation through recent case law affecting residential design, the authors evaluate the effectiveness of the protection and illustrate some unintended consequences. In addition, they discuss architectural originality and its relationship to legal protection in the context of individual design freedom.
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
Scholarly Works
In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme Court's October 1998 Term, the specific point at issue was the scope of Congress's authority under Section 5 of the Fourteenth Amendment to impose liability for damages on state governments. In the Patent Remedy Act, Congress had abrogated the states' sovereign immunity from claims of patent infringement. College Savings Bank argued for the validity of the statute on the grounds that patents are property; that patent infringements are deprivations of property; and that the statute simply and appropriately provides a remedy for deprivations of …
The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer
The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer
Penn State International Law Review
No abstract provided.
Collaborative Research: Conflicts On Authorship, Ownership, And Accountability, Rochelle C. Dreyfuss
Collaborative Research: Conflicts On Authorship, Ownership, And Accountability, Rochelle C. Dreyfuss
Vanderbilt Law Review
In this Article, Professor Dreyfuss explores the field of collaborative research in the realm of intellectual property law. Traditionally, scientists, artists, and professors developed ideas alone, utilizing only their own knowledge and research to complete their works. Recently, however, due in part to an increasing need for specialization, the globalization of the marketplace, the rapid growth of the Internet, and an expansion in intellectual property law, collaborative production is replacing individual efforts.
Collaborative efforts have posed an array of new and challenging legal problems. Parties sometimes find themselves with- out a clear sense of who has rights to royalties, who …
When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan
When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan
Federal Communications Law Journal
Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
Washington International Law Journal
In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
Federal Communications Law Journal
This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …
Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus
Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus
Federal Communications Law Journal
New electronic media-including CD-ROMs and online services such as LEXIS/NEXIS-offer new outlets to which traditional publishers can disseminate the content of their publications. Recently, in Tasini v. New York Times, freelance authors claimed that the publishing industry allegedly infringed their copyrights in the underlying works of authorship. In absence of express agreements to the contrary, the authors maintained that section 201(c) of the Copyright Act gives the publishers only the limited privilege of publishing an article as part of a "particular collective work, any revision of that collective work, and any later collective work in the same series" and that …
How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley
How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley
Florida State University Law Review
No abstract provided.
Copyright Statutes That Regulate Technology: A Comparative Analysis Of The Audio Home Recording Act And The Digital Millennium Copyright Act, Benton J. Gaffney
Copyright Statutes That Regulate Technology: A Comparative Analysis Of The Audio Home Recording Act And The Digital Millennium Copyright Act, Benton J. Gaffney
Washington Law Review
Over the past two decades, as the presence of digital technology has become more and more ubiquitous, its tremendous capabilities of reproduction and distribution have created difficult issues for copyright law. Recently, Congress has addressed some of these issues by taking the nontraditional approach of directly regulating the manufacture, development, and distribution of technology. In 1992, Congress enacted the Audio Home Recording Act, requiring that all digital audio recording devices possess a serial copy management system to limit the copying of digital music recordings. Six years later, Congress passed the Digital Millennium Copyright Act, making it a crime to manufacture …
Statutory Interpretation, Property Rights, And Boundaries: The Nature And Limits Of Protection In Trademark Dilution, Trade Dress, And Product Configuration Cases, Gary Myers
Faculty Publications
This article, however, takes the view that the basic landscape in trademark law is unlikely to change in the near future. Congress has only recently enacted the Trademark Dilution Act, and there seems to be little movement to amend it dramatically, let alone repeal it. There have been several recently enacted amendments to the Lanham Act addressing functionality that make great sense and are consistent with the principles suggested here, as will be discussed below. Moreover, the Supreme Court in Two Pesos, Qualitex, Park ‘n’ Fly, and Samara has recently set forth rules that will allow trade dress claims to …
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Brigham Young University Education and Law Journal
No abstract provided.
Patent & Trademark Depository Library Association Newsletter
Patent & Trademark Depository Library Association Newsletter
Journal of the Patent and Trademark Resource Center Association
No abstract provided.
Redefining Trademark Alteration Within The Context Of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, Jeffrey W. Strouse
Redefining Trademark Alteration Within The Context Of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, Jeffrey W. Strouse
Vanderbilt Law Review
In 1978, a Nevada Federal District Court permitted the Nevada Real Estate Advisory Commission to regulate the registered service mark' of Century 21, a national franchisor of real estate brokerage firms.' Prior to this state regulation, Century 21's mark occupied approximately 80 percent of the surface area of any given display, while the name of the local franchisee covered the remaining 20 percent. To prevent consumer confusion," the Commission required that the 80:20 ratio be changed to a 50:50 ratio, effectively making the franchisee's logo as large as its counterpart. Century 21 objected to this mandate, arguing in part that …
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Federal Communications Law Journal
The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …