Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1992

Copyright

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 36

Full-Text Articles in Law

The Legal Protection Of Fictional Characters, Kenneth E. Spahn Oct 1992

The Legal Protection Of Fictional Characters, Kenneth E. Spahn

University of Miami Entertainment & Sports Law Review

No abstract provided.


Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells Sep 1992

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.


Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick Jun 1992

Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick

Duke Law Journal

No abstract provided.


The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison May 1992

The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison

Vanderbilt Journal of Transnational Law

The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …


505 And All That—The Defendant’S Dilemma, Peter Jaszi Apr 1992

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Law and Contemporary Problems

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.


Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer Apr 1992

Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer

Law and Contemporary Problems

Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.


Design Protection And The Legislative Agenda, J. H. Reichman Apr 1992

Design Protection And The Legislative Agenda, J. H. Reichman

Law and Contemporary Problems

An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.


Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson Apr 1992

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Law and Contemporary Problems

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.


Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington Apr 1992

Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington

Law and Contemporary Problems

The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.


Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert Apr 1992

Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert

Law and Contemporary Problems

Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.


Grading The Performance Of A Legislator, Leo J. Raskind Apr 1992

Grading The Performance Of A Legislator, Leo J. Raskind

Law and Contemporary Problems

The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.


Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange Apr 1992

Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange

Law and Contemporary Problems

No abstract provided.


The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.


Understanding Fair Use, L. Ray Patterson Apr 1992

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.


Originality And Creativity In Copyright Law, Howard B. Abrams Apr 1992

Originality And Creativity In Copyright Law, Howard B. Abrams

Law and Contemporary Problems

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.


At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange Apr 1992

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.


Copyright And Information Policy, Jessica Litman Apr 1992

Copyright And Information Policy, Jessica Litman

Law and Contemporary Problems

The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.


Copyright, Paul Goldstein Apr 1992

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.


Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.


Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman Apr 1992

Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman

Law and Contemporary Problems

The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.


Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Faculty Scholarship

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …


Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon Apr 1992

Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

Faculty Scholarship

When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.

When should lawmakers place copyright law or other IP law among the prime options to consider?

Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …


Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

Scholarship Chronologically

Enclosed are the corrected pages of the transcript. The article itself will follow shortly.


Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden Mar 1992

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon Jan 1992

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

Scholarship Chronologically

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …


The Author In Copyright: Notes For The Literary Critic, Monroe Price, Malla Pollack Jan 1992

The Author In Copyright: Notes For The Literary Critic, Monroe Price, Malla Pollack

Malla Pollack

This article discusses disparate approaches to the under-theorized concept of authorship in American copyright jurisprudence. This article has been reprinted in "The Construction of Authorship" (eds. Martha Woodmansee & Peter Jazi, 1994).


Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung Jan 1992

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman Jan 1992

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.


Recent Developments In The Law Of The European Communities, Vivienne Robinson Jan 1992

Recent Developments In The Law Of The European Communities, Vivienne Robinson

Duke Journal of Comparative & International Law

No abstract provided.


The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy Jan 1992

The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy

Faculty Publications

No abstract provided.