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- Intellectual property (6)
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- Blackmail (2)
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- Sponsored research (2)
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- 28 U.S.C. § 1331 (1)
- 28 U.S.C. § 1338 (1)
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Articles 1 - 30 of 33
Full-Text Articles in Law
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Faculty Publications
For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Scholarship Chronologically
Please disregard the fax I sent you on Saturday. Per my conversation with Wendy, you’ll be receiving a new cleaned-up version of the article on Tuesday for distribution. The draft I sent you Saturday had the file name "B-PARl-6.” Per Wendy's suggestion I'll entitle the file for the draft that you'll get Tuesday, "GORD-FE1.2ND" (meaning 'Gordon - First Editl, second version').
Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson
Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson
Scholarly Works
The purpose of this essay is to define and explore the meaning of "the exclusive Right" in the Intellectual Property Clause of the United States Constitution as related to the promotion of learning, the public domain, and authors. Without a clear understanding of this key term, one is likely to be unaware that lower federal courts are continually making rulings contrary to both the Copyright Clause and the Copyright Act. The classic example is the judicially created sweat-of-the-brow copyright, which in 1991 -- after seventy-five years of precedent -- the Supreme Court decreed to be unconstitutional. Other bad precedents, such …
Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald
Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald
Scholarly Works
Although a goodly amount of recent commentary provides guidance to practitioners on the pitfalls of perfecting a security interest in intellectual property collateral, and another body of work has undertaken the laudable task of proposing reform in the area, no comprehensive attempt has yet been made to help judges resolve the complex priority disputes that arise under existing law. In light of the increased use of intellectual property as collateral and the concomitant rise in litigation, guidance on the resolution of priority disputes in intellectual property collateral is sorely needed. For example, recent cases find Article 9 of the Uniform …
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Sculptors And The Resale Royalty, Thomas Goetzl
Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.
Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.
Law Faculty Scholarly Articles
Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.
This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to modify …
Letter To Guido Calabresi, Wendy J. Gordon
Letter To Guido Calabresi, Wendy J. Gordon
Scholarship Chronologically
As you may recall, I first became seriously entranced by your work when you gave the "Tragic Choices" lectures at Penn.
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
Scholarship Chronologically
The basic logic of my deontologic approach is this.
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Scholarship Chronologically
DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …
"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen
"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen
Faculty Scholarship
Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.
Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the copyright …
Shifting The Balance Of Copyright Control For Photographic Works In Canada, Margaret Ann Wilkinson, Charles Painter
Shifting The Balance Of Copyright Control For Photographic Works In Canada, Margaret Ann Wilkinson, Charles Painter
Law Publications
This case comments upon the recent Ontario Divisional Court decision in Allen v Toronto Star Newspapers Ltd (1997), 36 OR (3d) 201 (Ont Div Ct), focusing upon the issue of ownership of copyright in photogenic works in Canada, and the negative effects that this decision will ahve, if followed in other cases and jurisdictions, upon creators' ability to control their works and to derive full economic benefit therefrom as envisioned under Canada's Copyright Act, RSC 1985 c C-42.
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
Faculty Scholarship
How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
Faculty Scholarship
The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple …
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Blackmail: Property Right - 1993, Wendy J. Gordon
Blackmail: Property Right - 1993, Wendy J. Gordon
Scholarship Chronologically
It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Faculty Scholarship
Most, if not all, copyright laws distinguish between ownership of the incorporeal copyright, and ownership of chattels. A generally-accepted corollary holds that alienation of the chattel that constitutes the material form of a copyrighted work does not carry the copyright with it. Applying this principle to works of the visual arts, it should be clear that sale of a painting, even if it is the only "copy" of a work, is not a transfer of the exclusive rights under copyright to reproduce the work or to create derivative works based on the painting. Similarly, ownership of the copyright confers no …
Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr
Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr
Law Faculty Scholarship
This paper begins with the Solicitor [of the U.S. Patent and Trademark Office]'s explanation of the term "unpublished." It then reviews various kinds of published PTO decisions where the precedential effect of unpublished decisions has been addressed. There, we see that the PTO has generally not ignored unpublished precedent--at least, deliberately--and that the Solicitor agrees that this may not be done. Next, this paper examines the almost universal practice of federal appeals courts disallowing use of their unpublished decisions as precedent--and some of the reasons for widespread criticism of that practice. It also discusses some of the reasons that judges, …
Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon
Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon
Faculty Articles
This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public trust, …
Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg
Articles
Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Articles
Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …
Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon
Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon
The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Refusing To Rock The Boat: The Sears/Compco Preemptioni Doctrine Applied To Bonito Boats V. Thunder Craft, David E. Shipley
Refusing To Rock The Boat: The Sears/Compco Preemptioni Doctrine Applied To Bonito Boats V. Thunder Craft, David E. Shipley
Scholarly Works
This article discusses the Bonito Boats and Interpart cases in conjunction with the lower courts' interpretations of the challenged state "plug molding" statutes. It analyzes the Supreme Court's resolution of the conflict between the Bonito Boats and Interpart decisions and then explores the ramifications of Bonito Boats. The article concentrates on the ways in which this decision may expand the scope of federal preemption of state law protection for certain kinds of intellectual property.
What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben
What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben
Faculty Publications
Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo Law Review for their invitation to speak, and all those who have taken the time to discuss this issue with me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.