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Full-Text Articles in Law
Internet Copyright Infringement Liability: Is An Online Access Provider More Like A Landlord Or A Dance Hall Operator?, Mary Ann Shulman
Internet Copyright Infringement Liability: Is An Online Access Provider More Like A Landlord Or A Dance Hall Operator?, Mary Ann Shulman
Golden Gate University Law Review
This Comment examines the issue of whether an access provider may be found liable for copyright infringement by a bulletin board subscriber. It provides a background of copyright law and policy, discusses traditional legal theories of copyright infringement liability, and analyzes a recent case that, for the first time, directly addressed the issue of an Internet access provider's liability, Religious Technology Center v. Netcom On-Line Communication Services. This Comment discusses the application of the legal principles in Fonovisa v. Cherry Auction to the potential liability of an online access provider. This Comment concludes with a critique proposing that revision of …
Intellectual Property Law - Mai V. Peak: Should Loading Operating System Software Into Ram Constitute Copyright Infringement?, Katrine Levin
Intellectual Property Law - Mai V. Peak: Should Loading Operating System Software Into Ram Constitute Copyright Infringement?, Katrine Levin
Golden Gate University Law Review
No abstract provided.
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
Golden Gate University Law Review
This Note will analyze the results of extending the "practical inevitability" test and creativity standard in the holding of Feist Publications, Inc. v. Rural Telephone Service Co. from works involving the compilation of facts to other works including computer programs, sculpture, signs, fabric patterns and chinaware patterns. It will also discuss the Copyright Office's review of copyright applications for functional objects. The Note will continue with an analysis of the ramifications of the policy of judicial deference to the Register of Copyright's decision on creativity when reviewing a copyright denial. It will conclude with a discussion of the judicial policy …
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Golden Gate University Law Review
This Note will first discuss the complex nature of computer technology and the scope of copyright protection currently available for computer programs. Section III will identify the elements of a copyright infringement cause of action and highlight the critical role of the test for substantial similarity. Section IV will set out the current three-way conflict in the circuit courts regarding the appropriate test for substantial similarity in computer program infringement cases and will examine the origins, underlying justifications and practical ramifications of each test. Finally, this Note will conclude that where the subject matter of a copyright dispute is particularly …
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Golden Gate University Law Review
Although the unauthorized use of sound recordings in derivative collage compositions may in some instances infringe on the copyright of a given composition or sound recording, such use may be protected under a fair use analysis typically accorded works of parody. Therefore this Comment will first provide some historical context for understanding aural appropriation as an evolving 20th century art form with parallels and antecedents in the visual arts. Next comes a discussion of how certain collage-based compositions may violate applicable copyright laws under the 1976 Copyright Act. This Comment will then explore whether the appropriation of pre-existing sound recordings …
Copyright Law - Community For Creative Non-Violence V. James Earl Reid: A Clearer Picture For Artists, Christopher M. Windle
Copyright Law - Community For Creative Non-Violence V. James Earl Reid: A Clearer Picture For Artists, Christopher M. Windle
Golden Gate University Law Review
No abstract provided.
Copyright Law, David A. Fink
Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich
Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich
Golden Gate University Law Review
No abstract provided.
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Golden Gate University Law Review
This Note presents the areas in which the copyrightability of a computer program has been questioned and it explains the reasoning used by the Third Circuit in Franklin to reject arguments that not all computer programs are copyrightable. Although there is no longer any doubt whether a computer program may be the subject of copyright, fundamental issues involved in copyrighting a work may pose barriers to a program being protected. These issues will be discussed in light of the Third Circuit's opinion in Franklin and the future directions which copyright law may take.
Intellectual Property, Daniel C. Moyles, Nancy M. Lashnits
Intellectual Property, Daniel C. Moyles, Nancy M. Lashnits
Golden Gate University Law Review
No abstract provided.
Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland
Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland
Golden Gate University Law Review
No abstract provided.
Misappropriation And The New Copyright Act: An Overview, Patricia Ann Mitchell
Misappropriation And The New Copyright Act: An Overview, Patricia Ann Mitchell
Golden Gate University Law Review
No abstract provided.