Law Commons^™

Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Don't Have To Dj No More": Sampling And The "Autonomous" Creator, David Sanjek

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille

Michigan Law Review

This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …

Section 117 Of The Copyright Act, Robert A. Kreiss

BYU Law Review

No abstract provided.

Case Comment, John C. Herman

Vanderbilt Journal of Transnational Law

Section 337 of the recently amended Tariff Act of 1930 permits United States patent owners to bar from importation goods that infringe upon their patents. In Amgen, Inc. v. United States International Trade Commission, the Federal Circuit refused to grant relief to the patent owner because it had no claim on either the final product imported or the process to create the product. The alleged infringer, however, had to use the patented product to create the final product, which, if done in the United States, would infringe the patent.

This Comment argues for an extension of section 337 to cover …

Toward A Third Approach: Modifying The Corrective Justice Model, Wendy J. Gordon

Scholarship Chronologically

The conception of the judicial role described in the second model is, of course, no more than a partial account of what some judges may do sometimes. A third way to approach "reap/sow" draws on a broader conception that whatever the role played by community norms, judges also aim to achieve a result that is consistent both with their own sense of justice and with precedent. As for precedent, perhaps the frequent references to "unjust enrichment" in intellectual property cases should be taken seriously. Perhaps the courts are analogizing to that area of law most directly concerned with imposing liability …

Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii

University of Miami Inter-American Law Review

No abstract provided.

Consumer Protection Provisions Prohibiting “Deceptive Practices” And “False Advertising”: Proper Vehicles For The Protection Of Intellectual Property, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Report On Copyright Implications Of Digital Audio Transmission Services, Register Of Copyrights

Legal Monographs and Treatises

No abstract provided.

The Nonobviousness Of Inventions: In Search Of A Functional Standard, Kathleen N. Mckereghan

Washington Law Review

The Patent Act of 1952 introduced the nonobviousness requirement into patentability analysis. Historically vague, the nonobviousness requirement remains poorly defined. Courts currently use a variety of tests for nonobviousness, none of which correctly reflects the requirement's constitutional and technical role. This Comment proposes a functional standard embodying four elements: constitutional policy, technical advance, logical analysis, and active perspective.

Public Domain: Available But Not Always Free, Edward M. Cramer, Lauren Block

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Federal Recognition Of Performance Art Author Moral Rights

Washington and Lee Law Review

No abstract provided.

Copyright As Myth, Jessica D. Litman

Articles

It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …

Federal Intellectual Property Law And The Economics Of Preemption, Paul J. Heald

Scholarly Works

In the Sears/Compco decisions, the United States Supreme Court established that federal patent law preempts state prohibitions on the mere copying of unpatented product configurations. After years of harsh criticism by commentators, apparent rejection by the lower courts, and allegedly inconsistent treatment by the Court itself, most had proclaimed this principle far beyond resuscitation. The Court, however, miraculously resurrected the principle in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., which unanimously reaffirmed that intentional copying often should be privileged under federal law. In so doing, the Court provided an expressly economic rationale to be used in future determinations …

Determining The Scope Of Copyright Protection For A Computer Program's Nonliteral Elements: Is It As Easy As 1*2*3*?*

Washington and Lee Law Review

No abstract provided.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Cardozo Law Review

No abstract provided.

Trademarks, Parody, And Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith

Cardozo Law Review

No abstract provided.

Reexamining Trademark Dilution, David S. Welkowitz

Vanderbilt Law Review

It is unlikely that you ever will see a Kodak chair or a Rolls Royce candy bar. No doubt Eastman Kodak and Rolls Royce would have an army of lawyers in court to have the interlopers sentenced to ignominy (unless, of course, these companies suddenly went into the furniture or candy business). But suppose you did see these products. What would you think? Would you think that Kodak was diversifying? Would you believe that Rolls Royce had gone the way of Calvin Klein, apparently licensing its name for a fast profit? And if not, would these interlopers affect the way …

State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Toward A Jurisprudence Of Benefits - Aals Tape #54 - 1991, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.