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Articles 31 - 35 of 35
Full-Text Articles in Law
Phonorecords And Forfeiture Of Common-Law Copyright In Music, Mark A. Bailey
Phonorecords And Forfeiture Of Common-Law Copyright In Music, Mark A. Bailey
Washington Law Review
A highly disputed issue surrounding the Copyright Act of 1909 is whether the public distribution and sale of recordings of a musical work constitutes "publication." Historically, unless the author followed the Act's formal requirements for obtaining statutory protection, publication injected the musical work irrevocably into the public domain. In a 1995 decision, La Cienega Music Co. v. ZZ Top, the Ninth Circuit unwisely broke from the tradition and common understanding in the music industry by holding that phonorecord distribution is a publication of musical compositions. After examining the history and purpose of the Copyright Act, as well as the …
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Washington Law Review
As a result of a sequence of so-called foundational crises, mathematicians have come to realize that foundational inquiries are difficult and perhaps never ending. Accounts of the last of these crises have appeared with increasing frequency in the legal literature, and one piece of this Article examines these invocations with a critical eye. The other piece introduces a framework for thinking about law as a discipline. On the one hand, the disciplinary framework helps explain how esoteric mathematical topics made their way into the legal literature. On the other hand, the mathematics can be used to examine some aspects of …
Copyright Protection For Architectural Design: A Conceptual And Practical Criticism, Gregory B. Hancks
Copyright Protection For Architectural Design: A Conceptual And Practical Criticism, Gregory B. Hancks
Washington Law Review
The Architectural Works Copyright Protection Act of 1990 (AWCPA) extended copyright protection to architectural design as part of Congress's effort to conform U.S. law to the Berne Convention. U.S. courts previously had treated architecture as a "useful article" and generally had denied it protection under the "separability" doctrine. The AWCPA treats architecture similarly to other categories of copyrightable subject matter. Conceptually, this is inappropriate because (I) architectural design is a professional service, (2) architecture is a part of our public environment, and (3) architecture's expressive aspects cannot be adequately separated from its useful aspects. As a practical matter, the AWCPA …
Attorney Malpractice Liability To Non-Clients In Washington: Is The New Modified Multi-Factor Balancing Test An Improvement?, Sheryl L.R. Miller
Attorney Malpractice Liability To Non-Clients In Washington: Is The New Modified Multi-Factor Balancing Test An Improvement?, Sheryl L.R. Miller
Washington Law Review
Most jurisdictions recognize a cause of action for legal malpractice against a non-client only where the attorney-client relationship is formed to benefit a third-party nonclient. This rule generally operates to preclude an attorney's potential liability to a client's adversary. Washington departed from the majority in 1992 in Bohn v. Cody, where the Washington Supreme Court found that an attorney did owe a duty to his client's adversary. Two years later, in Trask v. Butler, the supreme court modified Bohn's test for determining attorney malpractice liability to third parties to conform Washington's law with the majority of jurisdictions. …
Can Reverse Engineering Of Software Ever Be Fair Use? Application Of Cambell'S "Transformative Use" Concept, John A. Williams
Can Reverse Engineering Of Software Ever Be Fair Use? Application Of Cambell'S "Transformative Use" Concept, John A. Williams
Washington Law Review
Several years after Atari v. Nintendo and Sega v. Accolade, debate and confusion remain within the U.S. software industry and legal community concerning the appropriate application of copyright's fair use doctrine to reverse engineering of software. This Comment discusses why and how the U.S. Supreme Court's recent fair use analysis in Campbell v. Acuff-Rose Music should be applied to help resolve the reverse engineering issue. Not only would application of Campbell's approach promote consistency among courts and confidence within the software industry, but it also would safeguard copyright's ultimate objective: the advancement of society's growth in science and …