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Articles 15991 - 16020 of 17066
Full-Text Articles in Law
Evolution Of The Unobviousness Standard: 35 U.S.C. § 103 For Design Patents, Wallace R. Burke
Evolution Of The Unobviousness Standard: 35 U.S.C. § 103 For Design Patents, Wallace R. Burke
University of Baltimore Law Review
No abstract provided.
United States Legislative Activity For Alternative Industrial Design Protection, Rosemarie G. Bowie
United States Legislative Activity For Alternative Industrial Design Protection, Rosemarie G. Bowie
University of Baltimore Law Review
No abstract provided.
Copyright Office Registration Of Industrial Designs, Dorothy Schrader
Copyright Office Registration Of Industrial Designs, Dorothy Schrader
University of Baltimore Law Review
No abstract provided.
A Designer As An Expert Witness, Roland Carter
A Designer As An Expert Witness, Roland Carter
University of Baltimore Law Review
No abstract provided.
Discussion Of International Developments In Industrial Design Law
Discussion Of International Developments In Industrial Design Law
University of Baltimore Law Review
No abstract provided.
How To Improve Design Patent Prosecution Techniques, Bernard Ansher
How To Improve Design Patent Prosecution Techniques, Bernard Ansher
University of Baltimore Law Review
No abstract provided.
Discussion Of Industrial Design Protection Practice In Governmental Agencies And Courts
Discussion Of Industrial Design Protection Practice In Governmental Agencies And Courts
University of Baltimore Law Review
No abstract provided.
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Defining The Role Of Defendant's Intentions Under Section 43(A) Of The Lanham Act: Centaur Communications V. Aisim Communications
Washington and Lee Law Review
No abstract provided.
Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins
Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins
UC Law SF Communications and Entertainment Journal
For historical reasons, there is an overlap between patent coverage for software as a technology and copyright coverage for software as a literary work. Each of these forms of protection for software has a proper role and should be allowed to coexist. Through common law evolution in case law and patent grants by the U.S. Patent and Trademark Office, patents have become the way to protect new and nonobvious functional concepts of software. Therefore, courts may be less willing to expand the scope of protected expression of copyrights to protect the functional aspects of software.
Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons
Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons
UC Law SF Communications and Entertainment Journal
Currently available methods of legal protection are inappropriate for software. Because copyright law developed long before the advent of computer programs, it does not take into consideration the specialized needs of the new technology. This Note examines the way copyright law was manipulated to address early problems in software protection, and the problems which result when these rules are applied to recent, more complicated cases. The Note then proposes a new system of legal protection for computer programs.
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
UC Law SF Communications and Entertainment Journal
Foreign infringement of U.S. intellectual property rights continues to affect U.S. business revenue, particularly for copyright-dependent industries. Trade-based remedies-such as sections 301 and 337 of the Trade Act of 1974, recently amended by the Omnibus Trade and Competitiveness Act of 1988-may be used to combat this infringement successfully. Sections 301 and 337 have generally been used separately as distinct remedies for different problems. This Note suggests, however, that in view of U.S. industries' long-term goal of reducing revenue losses attributable to foreign intellectual property infringement, sections 301 and 337 are more effectively used in tandem, particularly against copyright infringement. This …
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
UC Law SF Communications and Entertainment Journal
Few areas of federal oversight have been as inconsistently addressed as that involving the regulation of broadcast and wire communication. Action in this realm has been all too often governed by political, rather than social or economic, imperatives. Many, no doubt, accept this situation as a necessary element of democratic decisionmaking. The deregulatory fervor of the 1980s could thus be seen as part of a long-term process of political redefinition. The consequences of regulatory neglect in this area will affect more than the traditional broadcast constituency of the Federal Communications Commission (FCC). For, as traditional distinctions between communications technologies continue …
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
UC Law SF Communications and Entertainment Journal
In 1987, the FCC repealed broadcasting's Fairness Doctrine. This longestablished Doctrine required broadcasters to adequately cover issues of public importance and to provide a balanced presentation of controversial viewpoints. Opponents of the Fairness Doctrine would make broadcasting fungible, in a first amendment sense, with the print media. But what distinguishes broadcasting from the print media is not the Fairness Doctrine, but licensing in the public interest. This Commentary contends that there is an inherent bedrock fairness principle rooted in the public interest standard of the Federal Communications Act of 1934. The public interest standard is an independent source for the …
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
UC Law SF Communications and Entertainment Journal
The Beirut Agreement is a multilateral treaty that allows for the dutyfree exchange of audiovisual materials, if they are certified by the exporting country to be "cultural, educational or scientific." The certification criteria used by the United States to define these terms was struck down as unconstitutional in the case of Bullfrog Films v. Wick. This Note analyzes the Bullfrog case and its subsequent appeal, as well as the issues surrounding the continued efforts of the United States Information Agency to draft satisfactory criteria. The Note concludes with the author offering suggestions for a constitutionally acceptable set of certification criteria.
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
UC Law SF Communications and Entertainment Journal
The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.
The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg
The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg
UC Law SF Communications and Entertainment Journal
This Article examines the legal and legislative history of the National Film Preservation Act of 1988, the first federal legislation dealing with the controversial issue of film colorization. It analyzes the arguments advanced by some members of the motion picture industry in favor of banning all colorization performed without the author's consent. The Article concludes with a forecast of how the 101st Congress will handle further requests for legislation that would protect the integrity of black-and-white films and their creators.
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
UC Law SF Communications and Entertainment Journal
Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
UC Law SF Communications and Entertainment Journal
Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
UC Law SF Communications and Entertainment Journal
Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …
A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood
A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood
UC Law SF Communications and Entertainment Journal
The debate over the first amendment justification for broadcast regulation has become heatedly polarized between the print-model, "look, Ma, no hands" theory of broadcast regulation and the public ownership/ public trustee model. This debate has assumed an even greater urgency this year because of the appointment of Alfred Sikes as the new Chairman of the Federal Communications Commission (FCC) and because of Congress' heightened interest in, and intense scrutiny of, the FCC's treatment of broadcast regulatory issues. In this article, the authors suggest that the FCC's traditional spectrum allocation responsibilities provide an appropriate and constitutionally defensible starting point for developing …
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
UC Law SF Communications and Entertainment Journal
The award of punitive damages in libel cases has been a topic of constitutional debate ever since the United States Supreme Court imposed first amendment restrictions on state libel laws in 1964. More recently, the constitutionality of punitive damages has been challenged in non-libel cases under the eighth and fourteenth amendments. Last year, in Browning-Ferris Industries of Vermont v. Kelco Disposal, Inc., the Supreme Court held that punitive damages are not prohibited by the eighth amendment but expressly reserved the fourteenth amendment issue for later consideration. This Article examines Browning- Ferris in light of the Court's prior treatment of punitive …
Copyright Law - Gray Marketing - The First Sale Doctrine Of Copyright Law Closes Another Avenue Of Redress, Julie S. Congdon
Copyright Law - Gray Marketing - The First Sale Doctrine Of Copyright Law Closes Another Avenue Of Redress, Julie S. Congdon
Villanova Law Review (1956 - )
No abstract provided.
Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56
Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56
Intellectual Property
No abstract provided.
Discussion Of Current Industrial Design Law Issues
Discussion Of Current Industrial Design Law Issues
University of Baltimore Law Review
No abstract provided.
Protection Of Industrial Designs In Canada, Robert E. Mitchell
Protection Of Industrial Designs In Canada, Robert E. Mitchell
University of Baltimore Law Review
No abstract provided.
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …
Discussion Of Present United States Design Protection
Discussion Of Present United States Design Protection
University of Baltimore Law Review
No abstract provided.
A Case History Of Industrial Design Success: The Dove Lamp, William T. Fryer Iii
A Case History Of Industrial Design Success: The Dove Lamp, William T. Fryer Iii
University of Baltimore Law Review
No abstract provided.