Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UC Law SF (27)
- William & Mary Law School (4)
- UIC School of Law (3)
- Columbia Law School (2)
- Northwestern Pritzker School of Law (2)
-
- University of Maryland Francis King Carey School of Law (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Duke Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Mitchell Hamline School of Law (1)
- Pace University (1)
- Seattle University School of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Copyright (8)
- Intellectual property (6)
- Copyright law (4)
- Computer programs (2)
- Copyright Law (2)
-
- Moral rights (2)
- Patent (2)
- Works for Hire (2)
- Alan Latman (1)
- All circumstances (1)
- Animal (1)
- Art law (1)
- Artists (1)
- Arts and Literature (1)
- Authorship (1)
- Baseball (1)
- Berne Convention (1)
- Berne Union (1)
- Biotechnology (1)
- Cartoon (1)
- Colorized motion picture (1)
- Colorized movies (1)
- Columbia-VLA Journal of Law and the Arts (1)
- Constitution (1)
- Constitutional law (1)
- Copyright infringement (1)
- DAT (1)
- DNA (1)
- Digital audio tape (1)
- Edward de Vere (1)
- Publication
-
- UC Law SF Communications and Entertainment Journal (27)
- Faculty Scholarship (4)
- Faculty Publications (3)
- Maryland Law Review (2)
- Northwestern Journal of International Law & Business (2)
-
- UIC John Marshall Journal of Information Technology & Privacy Law (2)
- Washington Law Review (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- BYU Law Review (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Journal Articles (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Scholarly Works (1)
- Seattle University Law Review (1)
- UIC Law Review (1)
- University of Miami Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington and Lee Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 58
Full-Text Articles in Law
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy
Faculty Publications
No abstract provided.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.
University of Miami Law Review
No abstract provided.
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Seattle University Law Review
This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …
A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu
A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu
BYU Law Review
No abstract provided.
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Scholarly Works
Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne
William & Mary Law Review
No abstract provided.
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy
Faculty Publications
No abstract provided.
Vi. Copyright, Patent & Trademark Law
Vi. Copyright, Patent & Trademark Law
Washington and Lee Law Review
No abstract provided.
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user …
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …
Comment, Section 337 And Gatt In The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark C. Modak-Truran
Comment, Section 337 And Gatt In The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark C. Modak-Truran
Journal Articles
Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding infringing imports from the United States marketplace. Before the Omnibus Trade and Competitiveness Act of 1988 (the "Omnibus Trade Act"), some argued that Section 337 should be amended to provide for further protection. Others maintained that Section 337 conflicts with United States obligations under the General Agreement on Tariffs and Trade ("GATT") or that further substantive amendments of Section 337 would conflict with GATT. A GATT Panel in Imports of Certain Automotive Spring …
Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett
Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler
The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Northwestern Journal of International Law & Business
This Comment will consider several of the more common grounds justifying compulsory licenses, particularly as they affect international transactions. After analyzing the dynamic between each theory's practical economic effect and general economic philosophy, the Comment will then question whether the current United States policy against general compulsory licenses remains viable in today's economic markets.
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Northwestern Journal of International Law & Business
The burgeoning of new technology such as semiconductor chips, computer software, genetic engineering, pharmaceuticals and other chemical processes raises important international trade issues for the protection of intellectual property rights. Inadequate protection has left the door open for pirating and counterfeiting. Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding fringing imports from the United States marketplace. In Re United States Litigation between E.I. Dupont de Nemours & Co. and Akzo N.V., the EC Commission determined that the procedure followed under Section …
Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman
Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman
Articles
A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.
Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder
Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder
Vanderbilt Journal of Transnational Law
The pursuit of protection of IP rights is a valuable goal both for the United States and the rest of the world community. Such rights promote creativity and the advancement of knowledge, as well as fuel the domestic economy and improve the position of the United States vis-a-vis the other trading nations of the world. With the growing interdependence of the global economy, there is no time like the present to lay the foundation for a system of dispute settlement of such trade matters. Economic interdependence will continue to increase, and the problems of international trade in, and piracy of, …
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Maryland Law Review
No abstract provided.
Stealing Trade Secrets Ethically, Don Wiesner, Anita Cava
Stealing Trade Secrets Ethically, Don Wiesner, Anita Cava
Maryland Law Review
No abstract provided.
In The Forest Of Copyright Law, Are Son Of Sam Laws Barking Up The Wrong Tree, 22 J. Marshall L. Rev. 111 (1988), James P. Broderick
In The Forest Of Copyright Law, Are Son Of Sam Laws Barking Up The Wrong Tree, 22 J. Marshall L. Rev. 111 (1988), James P. Broderick
UIC Law Review
No abstract provided.
Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Who Cares Who Wrote "Shakespeare"?, Peter Jaszi
Who Cares Who Wrote "Shakespeare"?, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
Obviously, a great many people, on both (or all) sides of the "authorship question," and they care a lot. The real question is why. Proponents of various authorship claimants compete in their protestations of admiration for the plays and poems in controversy. But if these works are in fact so universally and inexhaustibly fertile of significance, why should any admirer of them waste precious time, which might better be devoted to the study of the texts themselves, arguing about an ultimately irresoluble historical puzzle? And why is so much of the discussion conducted at such a relatively high pitch of …
Book Review. Copyright For The Eighties: Cases And Materials, 2d Ed., Marshall A. Leaffer
Book Review. Copyright For The Eighties: Cases And Materials, 2d Ed., Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Ideological Exclusions: A Prior Restraint Analysis, Daniel M. Torrence
Ideological Exclusions: A Prior Restraint Analysis, Daniel M. Torrence
UC Law SF Communications and Entertainment Journal
The McCarran-Walter Act gives the State Department and the Immigration and Naturalization Service the power to deny visas to visiting foreigners because of their political beliefs. The author argues that excluding foreigners in this way prevents U.S. citizens from exchanging ideas and information with these excluded people, thus infringing the constitutional rights of citizens. Because the first amendment includes a right to receive information and ideas, regardless of their source, the author contends that these ideological exclusions under the authority of the McCarran-Walter Act are unconstitutional.
May It Rest In Peace: Public Interest And Public Access In The Post-Fairness Doctrine Era, Richard E. Labunski
May It Rest In Peace: Public Interest And Public Access In The Post-Fairness Doctrine Era, Richard E. Labunski
UC Law SF Communications and Entertainment Journal
Until it was abolished by the Federal Communications Commission in 1987, the Fairness Doctrine was the clearest symbol of broadcasting's "second-rate" first amendment status. This Article traces the history and demise of the Fairness Doctrine and urges Congress to abandon current efforts to enact the Doctrine into law. The author proposes, instead, a system of access that provides broadcast journalists with the full first amendment protection they have long sought, and at the same time protects and enhances the public's interest in broadcasting.
Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen
Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen
UC Law SF Communications and Entertainment Journal
The abolition of the Fairness Doctrine by the Federal Communications Commission provides an opportunity to reexamine the way in which broadcasters are encouraged to offer programming on controversial issues of public importance. The author outlines alternatives to the Fairness Doctrine and subjects each to a Fair Treatment Test, which requires that the alternative 1) guarantee that the public will receive programming on controversials of importance to it, and 2) provide full first amendment rights to broadcasters. The author concludes that a structural approach to broadcast regulation, under which stricter crossownership limits than presently exist are imposed on broadcasters, offers the …
The Fact/Opinion Distinction In Libel, Timothy W. Gleadon
The Fact/Opinion Distinction In Libel, Timothy W. Gleadon
UC Law SF Communications and Entertainment Journal
Following Gertz v. Robert Welch, Inc., state and federal courts struggled to develop guidelines to distinguish fact from opinion in libel law. While the existing guidelines have resulted in broader constitutional protection of opinion statements, they do not constrain ad hoc judicial interpretation of text as either fact or opinion. This article examines the fact/opinion distinction from both a communication and a legal perspective and argues that the use of an interdisciplinary approach to the fact/opinion question exposes fundamental problems with the existing guidelines. The author concludes that for opinion to have adequate constitutional protection, context should be used as …
What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump
What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump
UC Law SF Communications and Entertainment Journal
California Civil Code section 48a limits recovery in defamation suits against newspapers to special damages, unless the plaintiff has unsuccessfully demanded a retraction from the media defendant The seminal case on this issue, Burnett v. National Enquirer, Inc., failed to provide a clear test of what constitutes newspaper status. The author argues that the resulting uncertainty has precipitated a chilling effect on media. In addition, the author contends that modern libel litigation rarely fulfills plaintiffs' objectives and that a broader retraction statute would be a step toward better serving both plaintiffs and defendants in libel cases.
Women's International League For Peace And Freedom, Fresno Branch V. City Of Fresno: Free Speech Access To Transit Cars Under The California Constitution, Lisa F. Graul
UC Law SF Communications and Entertainment Journal
In Women's International League for Peace and Freedom, Fresno Branch v. City of Fresno, a California court of appeal held that under the California Constitution the area within a public bus is not a public forum. Although the court purported to act under the California Constitution, its ruling instead followed the reasoning of a factually similar United States Supreme Court case, which based its ruling on the first amendment to the U.S. Constitution. This note argues that a different outcome should have been reached, based on the case law interpreting the California Constitution's unique "liberty of speech" clause.
The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby
The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby
UC Law SF Communications and Entertainment Journal
Copyright protection for computer programs has traditionally centered on the computer program itself. Recently, a debate has developed in the computer industry as to whether copyright protection should be expanded to cover the audiovisual screen displays generated by the programs. The author traces the development of the current law on this issue and distinguishes it from video game copyright law, in which the screen display has always been the primary object of copyright protection. The author concludes that computer program screen displays should not be registered separately, but instead should be protected under the copyright of the underlying computer program.