Law Commons^™

International Copyright Law Applied To Computer Programs In The United States And France, Marie Francoise Gilbert

Loyola University Chicago Law Journal

No abstract provided.

The Copyright Royalty Tribunal And The Statutory Mechanical Royalty: History And Prospect, Frederick F. Greenman, Jr., Alvin Deutsch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA

Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve

Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law

Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition

Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …

Bibliography: The Extraterritorial Application Of United States Antitrust Laws: A Selective Bibliography, Howard A. Hood

Vanderbilt Journal of Transnational Law

Those who have commented on the Webb-Pomerene Act can be divided into two groups: (1) those who support the Act and would retain it or even expand its scope; and (2) those who oppose the Act and would repeal or weaken it. The first group believes that application of the antitrust laws to the foreign activities of United States companies impairs their ability to compete in the world market. The second group rejects this contention and considers the Webb-Pomerene Act to be unjustifiably inconsistent with the legal framework of free competition...

This bibliography presents selected citations to the literature of …

Draft International Anticounterfeiting Code: Neo-Realism As A Vehicle For Analyzing The Effect Of Nonsignatories' Perceptions On The Development Of An Anticounterfeiting Norm, Shari D. Olenick

Vanderbilt Journal of Transnational Law

NOTE -

The United States, the European Common Market (EEC), Canada, and Japan are currently considering a draft convention entitled "Agreement on Measures to Discourage the Importation of Counterfeit Goods' (hereinafter referred to as the Anticounterfeiting Code or Code) which is designed to minimize the international problem posed by counterfeit merchandise. This Note highlights the international legal significance of the counterfeiting problem. Previous attempts to confront the problem provide the backdrop for a tripartite analysis which treats the following issues in the proposed Code: workability questions evident from an initial examination of the Code; the Code as a norm-creating vehicle; …

Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon

Faculty Scholarship

In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.

The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg

Faculty Scholarship

This comment examines the Hoehling decision, and attempts a definition, in light of Hoehling and prior decisions, of historical "expression." A definition of historical expression is essential to analysis of an historian's infringement claim. Before the fact-finder determines whether a defendant's work is substantially similar to the historian's work, and if substantially similar, whether the fair use doctrine excuses the apparent infringement, the trial judge must first determine whether, as a matter of law, the portions the historian claims were infringed manifest copyrightable expression. If there is no or insufficient expression, the case closes at the summary judgment stage.

This …

Parody And Fair Use: The Critical Question, Susan Linehan Faaland

Washington Law Review

Criticism has long been grounds for fair use status. This comment argues that parody's value, and its qualification for fair use status, should be defined by its critical effect. It follows then, that the amount which the parody should be able to borrow should be measured in terms of this critical effect: the parodist should be able to borrow the amount necessary to achieve effectively her work's critical purpose, which is the only reason for allowing fair use in the first place. This comment begins with an examination of the fair use doctrine and its application to parody by courts …

Inwood Laboratories, Inc. V. Ives Laboratories, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lanham Act Protection From The Copying Of Trade Dress By Generic Drug Manufacturers

Washington and Lee Law Review

No abstract provided.

Trademark Protection: Judicial Inconsistency In The Fifth Circuit, Julius R. Lunsford Jr., William R. Cohrs

Mercer Law Review

Plaintiff-appellant has had the misfortune ... to come before a panel of this Court allergic to the doctrine historically associated with us because of its nurture by our most illustrious judges . . . of protecting trade names [trademarks] against competition which will create confusion as to the source of goods sold under such names. The chance of the assignment calendar which has so operated against plaintiff might as easily have brought it success, to judge by the three most recent cases on this issue before us, the unanimous decision in each instance. . . of another panel. ... This …

Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner

Washington Law Review

This casenote will discuss as background: (1) the judicial doctrines of contributory infringement and patent misuse as they developed before 1952; (2) section 271 of the Patent Act of 1952; and (3) the impact of this section on the contributory infringement/patent misuse doctrines in post-1952 Supreme Court cases. An analysis section will contrast the majority and minority interpretations of: (1) 35 U.S.C. §§ 271(c) and (d); (2) the legislative history of the Patent Act of 1952; and (3) post-1952 Supreme Court decisions as each impacts the result in Dawson. The final section will discuss patent policy considerations absent from the …

Notes On Preemption And Misc - 1981, Wendy J. Gordon

Scholarship Chronologically

As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.

Diamond V. Diehr, 101 S. Ct. 1048 (1981), Paul D. Jess

Florida State University Law Review

Patent Law-PROCESS PATENTS-SUBJECT MATTER PATENTABILITY-A PATENT CLAIM BASED PRIMARILY ON A COMPUTER PROGRAM CAN COMPRISE PATENTABLE SUBJECT MATTER

Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley

Scholarly Works

This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted rights …

The Transfer Of Technology To Latin America, Gabriel M. Wilner

Scholarly Works

The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …

Copyright, Congress And Technology: The Public Record, L. Ray Patterson

Vanderbilt Law Review

This early history of copyright would be of little more than antiquarian interest except that it demonstrates the source of the confusion regarding the function of copyright. Although generally viewed as a right of the author, copyright has continued to function as a trade regulation device. Before the advent of computers and copying machines, this point was of relatively little importance, but IBM and Xerox have complicated copyright law enormously. Thus, in attempting to isolate the issues, it is helpful to view the law of copyright as statutorily creating unfair competition based on the doctrine of misappropriation. It is both …

When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.

Mandatory Programming Rules For Children's Television, Donna Roberson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Another Look At Copyright Protection Of Software: Did The 1980 Act Do Anything For Object Code?, 3 Computer L.J. 1 (1981), Richard H. Stern

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Supremacy Of Federal Copyright Law Over State Trade Secret Law For Copyrightable Computer Programs Marked With A Copyright Notice, 3 Computer L.J. 19 (1981), Peter A. Luccarelli Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Trade Secret Protection For Software Generally And In The Mass Market, 3 Computer L.J. 211 (1981), Miles R. Gilburne, Ronald L. Johnston

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Metamorphosis Of Software-Related Invention Patentability, 3 Computer L.J. 273 (1981), Nelson Moskowitz

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Notes On Misc Re Contract - 1981, Wendy J. Gordon

Scholarship Chronologically

Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.

Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley

UC Law SF Communications and Entertainment Journal

No abstract provided.

Abuse Of The Equal Opportunities Doctrine By Presidential Incumbents, Martine Safran

UC Law SF Communications and Entertainment Journal

This note examines the history of the equal opportunity doctrine, 47 U.S.C. § 315, and its abuse by presidential incumbents during re-election campaigns. The author proposes that the FCC should adopt a news-worthiness criterion in enforcing the equal time doctrine, and discard the "legally qualified candidate's" public announcement requirement, and that the fairness and equal opportunities doctrines be incorporated into one statutory provision.

From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Regulating Cable Television, Nicholas P. Miller, Alan Beals

UC Law SF Communications and Entertainment Journal

No abstract provided.

New Communications Technology: The Emerging Antitrust Agenda, Michael Botein

UC Law SF Communications and Entertainment Journal

No abstract provided.