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Intellectual Property Law

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Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon

Scholarship Chronologically

MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.

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Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird Mar 1992

Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird

Brigham Young University Journal of Public Law

No abstract provided.

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Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas Mar 1992

Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas

Brigham Young University Education and Law Journal

No abstract provided.

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The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner Mar 1992

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.

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Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein Mar 1992

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.

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Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden Mar 1992

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.

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Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz Mar 1992

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.

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Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras Mar 1992

Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii Mar 1992

Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor Mar 1992

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.

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The Hegelian Revival In American Legal Discourse, David G. Carlson Mar 1992

The Hegelian Revival In American Legal Discourse, David G. Carlson

Articles

No abstract provided.

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On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon Feb 1992

On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon

Faculty Scholarship

Every day someone invests time, labor, or money in creating a valuable intangible. Someone collects information, creates an idea, designs a boat hull, writes a book, or comes up with a new way to market a product that someone else developed. Judicial treatment of these and other cognate occurrences has shifted dramatically in recent years.

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Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon Jan 1992

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

Scholarship Chronologically

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 this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …

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The Conflict Between The California Mechanics' Lien Statutes And The Public Utilities Code, John Leary Jan 1992

The Conflict Between The California Mechanics' Lien Statutes And The Public Utilities Code, John Leary

UC Law SF Communications and Entertainment Journal

Following the breakup of AT&T, local telephone companies began growing quickly. However, when the Public Utilities Commission approves a private company's application to offer telephone service to a community, problems can arise, for both the community and that company's subcontractors. This note analyzes a conflict between the California Public Utilities Code and certain provisions of the California Civil Code, which suggests that subcontractors may not be protected by either mechanics' liens or stop notices in their dealings with those local companies. The note suggests that utilities be considered public entities, resulting in protection of subcontrators through the posting of payment …

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Son Of Sam Laws After Simon & (And) Schuster V. New York Crime Victims Board: Free Speech Versus Victims' Rights, Kelly Franks Jan 1992

Son Of Sam Laws After Simon & (And) Schuster V. New York Crime Victims Board: Free Speech Versus Victims' Rights, Kelly Franks

UC Law SF Communications and Entertainment Journal

The United States Supreme Court recently found New York's Son of Sam law to be a content-based financial burden on speech in violation of the first amendment. The law prohibited any payment to a criminal in exchange for the personal account of his crime, and required that such payments be distributed to the victims of the crime instead. The decision affects similar laws in forty-two other states and the federal government. This note explains the background of New York's Son of Sam law, and examines the case that led to its demise. The author argues that having criminals compensate their …

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Regulating Slate Mailers: Consumer Protection Or First Amendment Infringement, Carol Federighi Jan 1992

Regulating Slate Mailers: Consumer Protection Or First Amendment Infringement, Carol Federighi

UC Law SF Communications and Entertainment Journal

Slate mailers are part of the biennial political process in California. Forprofit enterprises that endorse candidates and issues for a price are big business in California. Despite regulations requiring that slate mailer organizations comply with extensive disclosure measures, many mailers remain deceptive. This note describes the deceptive practices of some slate mailers, discusses current regulation of the business, and analyzes the constitutional implications of regulating protected speech. The author argues that, despite the highly protected nature of political speech, the regulations will survive constitutional challenges, and with minor changes, will provide a model for other states.

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Legislating Canned Performances, Janet Boessenecker Jan 1992

Legislating Canned Performances, Janet Boessenecker

UC Law SF Communications and Entertainment Journal

Do people have the right to know whether a concert will feature prerecorded music? Is legislative action needed to protect consumers from another Milli Vanilli-type fraud? A number of states have answered "yes" by introducing legislation to mandate a disclosure on concert advertisements or tickets. This note evaluates the necessity of such legislation in light of current popular music practices and existing law. The author concludes that disclosure laws are unnecessary and would be ineffective as well.

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Docudramas: The Legality Of Producing Fact-Based Dramas - What Every Producer's Attorney Should Know, Jacqui Gold Grunfeld Jan 1992

Docudramas: The Legality Of Producing Fact-Based Dramas - What Every Producer's Attorney Should Know, Jacqui Gold Grunfeld

UC Law SF Communications and Entertainment Journal

This article provides a practical guide for the attorney whose client produces fact-based television movies, whether the producer chooses to use resource material from the public domain or obtain rights. The article analyzes the historical development and current state of the personality and property rights that need to be considered; discusses the impact of Son of Sam laws; examines the provisions to be included in rights acquisition agreements; and explores protective measures that can help to minimize the risk of litigation.

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The Current State Of Moral Rights Protection For Visual Artists In The United States, Amy L. Landers Jan 1992

The Current State Of Moral Rights Protection For Visual Artists In The United States, Amy L. Landers

UC Law SF Communications and Entertainment Journal

Works of art have been recognized by Congress to embody more than a physical object; rather, these works can be seen to represent the artist's personality. The Visual Artists Rights Act, which codifies moral rights protection in the United States, provides legal recourse for artists whose works have been altered or destroyed in violation of this principle. During the past ten years, several states have also enacted moral rights legislation. This Note explores the current state of moral rights in the United States, with an emphasis upon those states where both federal and state moral rights statutes exist.

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Legal Protection For Computer Programs, 1980-1992: A Bibliography Of Law-Related Materials, James E. Duggan Jan 1992

Legal Protection For Computer Programs, 1980-1992: A Bibliography Of Law-Related Materials, James E. Duggan

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung Jan 1992

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

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Handwritten Notes On Of Harms And Benefits: Torts, Restitution, And Intellectual Property - 1992, Wendy J. Gordon Jan 1992

Handwritten Notes On Of Harms And Benefits: Torts, Restitution, And Intellectual Property - 1992, Wendy J. Gordon

Scholarship Chronologically

Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land. intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.

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Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose Jan 1992

Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose

Law Faculty Scholarship

For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …

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Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr. Jan 1992

Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.

Law Faculty Scholarship

Last summer, over 300 members of the Association of (chief) Corporate Patent Counsel were surveyed concerning their attitude toward and experience with arbitration and mediation (ADR). Seventy-five responded. Subsequently, tabulations of the survey data were sent to the same people with four additional questions, two of which had nothing to do with ADR. Forty-one responded. This comment reports responses to the two questions unrelated to ADR.

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Defining The Prisoners' Dilemma, Wendy J. Gordon Jan 1992

Defining The Prisoners' Dilemma, Wendy J. Gordon

Scholarship Chronologically

Formally, a prisoner's dilemma is defined as follows: There are two participants symmetrically situated. For each player, her payoff if she refuses to cooperate with the other player is higher than her payoff would be if she cooperated, and this is true whether the other chooses to cooperate, or chooses to defect. If both cooperate, her payoff will be higher than if both defect.

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A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris Jan 1992

A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Advertising Injury: Getting The Most Out Of Your Insurance Policy, David P. Brooks Jan 1992

Advertising Injury: Getting The Most Out Of Your Insurance Policy, David P. Brooks

UC Law SF Communications and Entertainment Journal

This article examines recent cases dealing with insurance coverage for intellectual property matters. State and Federal courts in California have recently held that companies that purchase comprehensive general liability insurance policies may be entitled to coverage under the "advertising injury" clause for claims involving unfair competition, copyright infringement, patent infringement, and possibly even trademark infringement. The article examines common insurance policy forms and concludes that advertising injury coverage should be made available to policyholders on a broader scale.

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Protein Pharmaceuticals: Altering The Scope Of Product Patents To Accomodate Recombinant Dna Technology, Bret Field Jan 1992

Protein Pharmaceuticals: Altering The Scope Of Product Patents To Accomodate Recombinant Dna Technology, Bret Field

UC Law SF Communications and Entertainment Journal

As recombinant DNA technology has evolved into a prominent tool to synthesize new products in the pharmaceutical industry, courts have been faced with novel infringement issues involving the scope of patents granted to protein pharmaceuticals. This note analyzes the way courts have interpreted the scope of product patents granted to purified product of nature inventions and recombinantly synthesized products. The note highlights the current problems with the judiciary's interpretation of the Patent Act. The note then discusses a better approach to the infringement issues, an approach based on the Food and Drug Administration's procedure when faced with analogous issues raised …

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Copyrights And Background Music: Unplug The Radio Before I Infringe Again, Paul Warenski Jan 1992

Copyrights And Background Music: Unplug The Radio Before I Infringe Again, Paul Warenski

UC Law SF Communications and Entertainment Journal

The 1976 Copyright Act entitles copyright owners of musical works to compensation for public performances of their songs. Congress carved out several exemptions in the 1976 Act, however, one of which is section 110(5). Section 110(5) denies compensation to copyright owners for transmissions made on radio or television equipment that is comparable to equipment used in private homes. Thus, under section 110(5) the small business owner who listens to a portable radio during business hours need not pay copyright licensing fees to every musician featured on the radio. This note examines the origin, content, and legislative history of the section …

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Trademarks - Third Circuit Strengthens Trademark Protection Under The Trademark And Counterfeiting Act Of 1984, David Overstreet Jan 1992

Trademarks - Third Circuit Strengthens Trademark Protection Under The Trademark And Counterfeiting Act Of 1984, David Overstreet

Villanova Law Review (1956 - )

No abstract provided.

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