Law Commons^™

"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Reproduction Of Protected Works For University Research Or Teaching, Jane C. Ginsburg

Faculty Scholarship

The new means of reproduction for teaching and research – photocopying, downloading, optical scanning – present special challenges to intellectual property teachers. As researchers and educators, we may rejoice at the vastly enhanced access these technologies afford to an enormous, and ever-growing, diversity of materials. The convenience of the photocopier is well-known. Digital media will accelerate production and dissemination of copies. Not only will computers, scanners and facsimile machines make it easier and faster to copy, but they will facilitate the dispersal of copies to all points of the globe.

As scholars of intellectual property, we may be concerned about …

The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak

Journal of Law and Health

This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.

The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy

Faculty Publications

No abstract provided.

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright …

On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.

The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Beaumont And/Or Fletcher: Collaboration And The Interpretation Of Renaissance Drama, Jeffrey A. Masten

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Collaborative Authorship And The Teaching Of Writing, Andrea A. Lunsford, Lisa Ede

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Dat's All Folks: Cahn V. Sony And The Audio Home Recording Act Of 1991-Merrie Melodies Or Looney Tunes?, Gary S. Lutzker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

From Rights In Copies To Copyright: The Recognition Of Authors' Rights In English Law And Practice In The Sixteenth And Seventeenth Centuries, John Feather

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Art Of Appropriation: Puppies, Piracy, And Post-Modernism, Lynne A. Greenberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.

Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka

Articles

This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.

Furthermore, this Article reviews the legislative history and the impact …

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

American University Law Review

No abstract provided.

Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller

Faculty Scholarship

Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.

This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …

Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon

Faculty Scholarship

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.

No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg

Faculty Scholarship

The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety …

Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.

Touro Law Review

No abstract provided.

On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Author/Izing The Celebrity: Publicity Rights, Postmodern Politics, And Unauthorized Genders, Rosemary J. Coombe

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Milton's Contract, Peter Lindenbaum

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Author In Court: Pope V. Curll (1741), Mark Rose

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph

Cardozo Arts & Entertainment Law Journal

No abstract provided.

International Copyright: Structuring "The Condition Of Modernity" In British Publishing, N.N. Feltes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Broadcast Copyright And The Bureaucratization Of Property, Thomas Streeter

Cardozo Arts & Entertainment Law Journal

No abstract provided.