Law Commons^™

Free Speech, Copyright, And Fair Use, L. Ray Patterson

Vanderbilt Law Review

The copyright clause provides that "[the Congress shall have Power... To promote the Progress of Science. ..by securing for limited Times to Authors .. .the exclusive Right to their . . .writings ...."I The first amendment provides that "Congress shall make no law. . .abridging the freedom of speech, or of the press ."..."

Three modern developments portend a conflict between these two clauses of the Constitution: (1) the emergence of the doctrine that free speech encompasses the right to have access to, as well as the right to disseminate, ideas; (2) the elimination of the requirement of publication, which …

Book Review. Copyright Law: Cases And Materials By Craig Joyce, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Some Unhurried Reflections On Copyright, Charles Mcc. Mathias Jr.

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Law And Your Neighborhood Bar And Grill: Recent Developments In Performance Rights And The Section 110(5) Exemption, David E. Shipley

Scholarly Works

This Article attempts to clarify the chaotic state of the law concerning performance rights. First, it briefly summarizes the history of this right and discusses some of the problems Congress sought to resolve when it passed the 1976 Act. Second, it outlines several of the Act's key provisions on the performance right. Finally, it discusses the recent decisions which have interpreted these provisions and analyzes their impact on the activities of commercial establishments. These decisions show that the pertinent sections of the 1976 Act provide reasonably clear guidelines outlining the ways in which copyrighted works can be publicly performed or …

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …

Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz

Touro Law Review

No abstract provided.

Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres

Cardozo Law Review

No abstract provided.

Note On The Desert Theory Paper - 1986, Wendy J. Gordon

Scholarship Chronologically

The desert theory paper may be recast under the title: “The Misappropriation Explosion: Desert Theory in Intellectual Property Law” or “Desert Theory Misapplied.”

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

BYU Law Review

No abstract provided.

San Francisco Arts & Athletics, Inc. V. Unites States Olympic Committee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.

Biological Deposits Necessary For Patent Protection: An Expansion Of Permissible Procedure—In Re Lundak, 773 F.2d 1216, 227 U.S.P.Q (Bna) 90 (Fed. Cir. 1985), Debra K. Leith

Washington Law Review

The standard for biological deposits necessary for compliance with the enablement provisions of the Patent Act of 1952 (codified at Title 35 U.S.C.) has been altered by the Federal Circuit Court of Appeals in In re Lundak. Before Lundak, patent applications dependent on the use of biological materials called for the deposit of a biological sample in an independent depository, out of the inventor's control, on or before the filing date. The Lundak decision now permits an inventor to retain control of the deposit during prosecution of the patent application, so long as the public is guaranteed access to the …

The Controversy Concerning The Sotheby Sale, J. David Bleich

Cardozo Law Review

No abstract provided.

Letter To Bruce Ackerman, Wendy J. Gordon

Scholarship Chronologically

I shall be heading back to Rutgers for classes shortly, and I'm sending you a draft of the "Copyright and Copy-privilege" piece in the hope of receiving some additional comments before I enter into the final "polishing" stages later this month. As you know from my last note, the suggestions you made have proved extremely useful -- the title is the least of it. Among other things, your suggestions for reorganization led, indirectly, to a way of unifying the piece on copyright and contract with another piece I've been working on, regarding copyright and tort. I'm very pleased with the …

What The General Practitioner Should Know About Trademarks And Copyrights. By Arthur H. Siedel, Samuel L. Davidson

Washington and Lee Law Review

No abstract provided.

The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy*

Washington and Lee Law Review

No abstract provided.

Think Pink! Color Can Be A Trademark

Washington and Lee Law Review

No abstract provided.

Letter To Professor Bruce Ackerman, Wendy J. Gordon

Scholarship Chronologically

As I said in my last note, your suggestions for the "Copyright and Copy-privilege" paper have proven extremely valuable. (The title is the least of it.) The reorganization you suggested has allowed the paper to blossom, and I'm extremely pleased with the results.

The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii

Florida State University Law Review

No abstract provided.

Note On Materials For Arfuller - 1986, Wendy J. Gordon

Scholarship Chronologically

1/18/86 draft of "Towards a Unified Theory"

Note On General Conclusion - 1986, Wendy J. Gordon

Scholarship Chronologically

The burden of the first part of this paper has been to suggest that tort law provides us no self-justifying notion of "wrongs" by which we can allocate rights and duties. The burden of the second part of this paper has been to suggest that contract law's notion of "consent" is similarly unable to provide justification for any particular system of rights. How would one go about constructing a theory by which to evaluate whether a given property system could be justified? A full answer to that question is surely outside the scope of this paper, but some basic points …

Note On Re Article On Definition Of Tort/Property - 1986, Wendy J. Gordon

Scholarship Chronologically

Some distinctions in the law are fairly clear. For example, we seem to think that bad actions deserve to be punished, actions which are not personally blameworthy should not be punished, and that injuries to innocent persons should be compensated. But there are many instances in which these two goals cannot be simultaneously served. There we partially separate them, placing each in its own primary area of law. For those instances in which a bad action occurs and no one is injured, the criminal law has a remedy (the law of attempts). For those instances in which an innocent party …

A Response To Gregg Williams' "A Threat To Future Software", I. Trotter Hardy

Popular Media

No abstract provided.

Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener

University of Michigan Journal of Law Reform

Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.

Copyright Protection For Architectural Works, David E. Shipley

Scholarly Works

Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts of architects culminate in structures used for shelter, pleasure, business, entertainment, and transportation.1 Architects express their design concepts in sketches, elevations, floor plans, working drawings, specifications, renditions, and three-dimensional models. Their labors in shaping the ideas for a building from rough conceptions into plans and then into completed structures are similar to the efforts of other creators. An architect is as much an author as is a sculptor or a dramatist. His plans, renditions, and the resulting structure will ordinarily show originality and will reflect …

Xi. Trademark

Washington and Lee Law Review

No abstract provided.

The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …

Forum And Substance: Introduction To The Symposium, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …