Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Copyright Protection For Perfumes, Thomas G. Field Jr
Copyright Protection For Perfumes, Thomas G. Field Jr
Law Faculty Scholarship
In June 2004, the Lancome opinion from the Netherlands held that perfume compositions are copyrightable. NautaDutilh, the firm that represented Lancome, claimed the ruling was "internationally groundbreaking."
The thesis of this paper is that the Dutch Court erred in protecting compositions rather than scents or fragrances. As discussed below, such an approach runs afoul of basic copyright principles here and abroad.
Judicial Review Of Copyright Examination, Thomas G. Field Jr
Judicial Review Of Copyright Examination, Thomas G. Field Jr
Law Faculty Scholarship
Copyright in qualifying United States works has always arisen upon creation. For many years, however, rights could be lost by failing to, e.g., provide notice, register and deposit copies when works were first published. In 1909 formal requirements were reduced, and the Supreme Court, in 1939, concluded that registration with the U.S Copyright Office was unnecessary to retain rights. Despite that, owners could not sue infringers without having registered.
Regarding registration as helpful if not obligatory, this paper compares the burden on moving parties in circumstances in which registration decisions may be challenged in courts.