Law Commons^™

Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski

Buffalo Journal of International Law

No abstract provided.

National And International Copyright Liability For Electronic System Operators, Charles J. Meyer

Indiana Journal of Global Legal Studies

No abstract provided.

Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz

Federal Communications Law Journal

Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.

This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Violation And Personal Liability In Education: A Current Look At "Fair Use", John Wm. Maddox

Brigham Young University Education and Law Journal

No abstract provided.

Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Proposed Changes To Japanese And United States Patent Law Enforcement Systems, Marvin Mostenbocker

Washington International Law Journal

Recent changes made to Japanese and American patent procedural laws have not addressed the contentious issue of patent enforcement. Purely technical decisions concerning patent rights and their enforcement need to be consistent between jurisdictions of each country. Courts of both countries are second guessing purely technical decisions of their patent offices and interfering with the smooth and predictable development of new technology and its associated rights. This particularly hurts noncitizen patentees who are unfamiliar with the particular legal customs of the other country. It is proposed that technical patent scope determination during Japanese patent infringement litigation be delegated to the …

Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser

UC Law SF Communications and Entertainment Journal

Beginning with the United States' accession to the Berne Union in 1988-89, through the negotiations for the Canada-United States Free Trade Agreement (CFTA), the North American Free Trade Agreement (NAFTA), and the latest round of the General Agreement on Tariffs & Trade (GAIT), copyright law and its attendant industries have become important foci in the area of international trade. Although the United States may be the world leader in the dissemination of movies, television programs, music, and books and even though through Berne, CFTA, NAFTA, and GATT the United States has managed to obtain increased protection for copyrighted content, it …

The Un-Worth-Y Decision: The Characterization Of A Copyright As Community Property, Debora Polacheck

UC Law SF Communications and Entertainment Journal

This Article examines the impact of In re Marriage of Worth, the only reported case which has considered the effect of California's community property law on an author's rights under the Copyright Act of 1976. The author challenges the California Court of Appeal's holding that a copyright is a community property asset. The court, when faced with a clear conflict between state and federal law, failed to preempt state law. Instead, the court created a situation which not only will be felt by spouses upon dissolution of marriage but also will be felt by the author-spouse who will no longer …

Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …

Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel

UIC John Marshall Journal of Information Technology & Privacy Law

The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …

The North American Free Trade Agreement & Protection Of Intellectual Property: A Converging View, Lori M. Berg

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter

UIC Law Review

No abstract provided.

A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …

Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes

UIC John Marshall Journal of Information Technology & Privacy Law

Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …

The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …

In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi

UIC John Marshall Journal of Information Technology & Privacy Law

Unlike many foreign countries, the United States does not have an explicit rule that defines software as unpatentable subject matter. Despite the United States’ leadership position in patent protection, U.S. case law defining patentatble subject matter has evolved slowly and painfully. The legal controversy restricting software patentability stems from the principle that abstract ideas are not patentable. The Patent and Trademark Office remains uncomfortable in granting patents for inventions ideally embodied as software. Inventors’ attorneys continue to test these boundaries and the PTO continues to reject patent applications for software inventions based on the grounds that they constitute non-statutory subject …

Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …

Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter

UIC John Marshall Journal of Information Technology & Privacy Law

Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …

Deference, Defiance, And Useful Arts, Craig Allen Nard

Faculty Publications

My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …

Parody (Of Celebrities, In Advertising), Parity (Between Advertising And Other Types Of Commercial Speech), And (The Property Right Of) Publicity - A Substantive And Procedural Path - Through Glitz, Wit, Rap, Suds, And Ink - To A Balanced Constitutional And Common Law Vindication Of Each, Michael E. Hartmann, Daniel R. Kelly

UC Law SF Communications and Entertainment Journal

In 1992's highly controversial White v. Samsung Electronics America, Inc., the United States Court of Appeals for the Ninth Circuit refused to create a parody exception to the common law right of publicity for a parodic advertisement. Almost all of the early legal commentary on White criticized the Ninth Circuit for not having created such an exception, most of it urging an emulation of federal statutory copyright law's fair use exception. In 1993's Cardtoons v. Major League Baseball Players Ass'n, the Northern District Court of Oklahoma similarly refused to create a parody exception to the right of publicity for an …

Emerging Antitrust Issues Affecting The Computer Industry, Kelly A. O'Connor

UC Law SF Communications and Entertainment Journal

Computer industry marketing practices have been subject to frequent challenge under U.S. antitrust laws since the early 1980s. These challenges have principally been based on tying arrangement analysis under section 1 of the Sherman Act and section 3 of the Clayton Act, or monopolization under section 2 of the Sherman Act. This article discusses the background of the Supreme Court's treatment of computer industry marketing practices under U.S. antitrust law, establishes qualifications for acceptable marketing practices by reviewing the recent Supreme Court decisions Eastman Kodak Co. v. Image Technical Services and Data General Corp. v. Grumman System Support Corp., and …

The Sports Broadcasting Act: Calling It What It Is - Special Interest Legislation, David L. Anderson

UC Law SF Communications and Entertainment Journal

Since the Sports Broadcasting Act (SBA) was enacted in 1961, professional sports leagues have enjoyed an exemption to the antitrust laws that permits a league to sell package deals to broadcasting companies for the exclusive televising of league games. Recently, the necessity of the SBA has been challenged, both by legal commentators and in the courts. This Note examines the challenges to the SBA and the intent of Congress when it passed the SBA, suggesting that much of the criticism focused on the SBA is unfounded. The author concludes that in enacting the SBA Congress intended to keep professional sports …

The Electronic Filing Of Applications With The United States Patent & (And) Trademark Office, Hunter L. Auyang

UC Law SF Communications and Entertainment Journal

The U.S. Patent & Trademark Office (PTO) has long recognized that if it could develop the capabilities to accept and process electronically-filed patent and trademark applications, the quality of its services to the public would be improved. Applications in electronic format are necessary in order for the PTO, as one of the world's largest repositories of technical literature, to establish a "paperless" office, which would relieve it of its current burden of handling massive volumes of paper.

This Article discusses the scope of the PTO's efforts to date in computerizing and automating its operations to enable electronic application filing. The …

Telecommunications In The United Kingdom: A Prototype For Deregulation Or A Flash In The Pan, Sean P. Farrell

UC Law SF Communications and Entertainment Journal

The United Kingdom maintains the world's most extensively deregulated telecommunications market. This Note examines the United Kingdom's history of telecommunications deregulation, the principal components of its deregulatory efforts, and the results obtained thus far. With respect to the principal components of deregulation, this Note's analysis focuses upon the United Kingdom's regulatory policy decisions, the efficacy of the British regulatory agency, and the adaptability of the British regulatory framework. In addition to drawing certain conclusions regarding the United Kingdom's deregulatory success, this Note also offers some general comparisons regarding proposed regulatory reforms within the United States.