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Articles 1 - 11 of 11
Full-Text Articles in Law
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson
Pamela Samuelson
Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases. This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …
Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson
Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
Pamela Samuelson
No abstract provided.
Preliminary Thoughts On Copyright Reform, Pamela Samuelson
Preliminary Thoughts On Copyright Reform, Pamela Samuelson
Pamela Samuelson
The article discusses the relevance of revising the U.S. Copyright Act of 1976. According to the author, the Copyright Act of 1976 has already undergone more than 20 amendments since it was ratified into law which compromises its regulations because of the diverse inter and intra industrial negotiations as well as increases controversial issues on law and policymaking. Moreover, the author stresses that revision of the legislation is necessary because it contains lapses and insufficient policies in addressing advanced technological innovations and digital applications. It also cites the codification development model of copyright law and the guidelines to consider in …
Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson
Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Digital Media And The Changing Face Of Intellectual Property Law, Pamela Samuelson
Digital Media And The Changing Face Of Intellectual Property Law, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Questioning Copyrights In Standards, Pamela Samuelson
Questioning Copyrights In Standards, Pamela Samuelson
Pamela Samuelson
Widespread adoption of uniform standards is essential to the smooth operation of our modern global economy. When private organizations develop such standards, copyright protection of those standards often creates a conflict between private intellectual property rights and society's need for standards. This conflict is especially apparent when a local or state government adopts a privately drafted standard as law. This Article considers whether coding system standards should be eligible for copyright protection as a matter of U.S. copyright law by examining the case law's treatment. of copyright protection for coding system standards and considering the policy concerns implicated by copyrights …
The Need For Reform Of The Software Licensing Policy Of The Department Of Defense, Pamela Samuelson
The Need For Reform Of The Software Licensing Policy Of The Department Of Defense, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Pamela Samuelson
No abstract provided.
Some New Kinds Of Authorship Made Possible By Computers And Some Intellectual Property Questions They Raise, Pamela Samuelson
Some New Kinds Of Authorship Made Possible By Computers And Some Intellectual Property Questions They Raise, Pamela Samuelson
Pamela Samuelson
No abstract provided.
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
Pamela Samuelson
No abstract provided.