Law Commons^™

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.

Copyright In Legal Documents, David Vaver

Osgoode Hall Law Journal

Original legal documents and forms have long enjoyed copyright protection. After looking at Commonwealth and U.S. decisions, the author discusses the nature, extent, and desirability of protection. An examination of the technicalities of copyright protection reveals a law drafted in broad generalities and ill-suited to respond adequately to the common practices arising from this class and, by implication, other classes of creative work. The author concludes by suggesting practical ways in which legislators, lawyers, and judges can solve some of the copyright problems generated through the use of legal documents.

The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke

University of Miami Entertainment & Sports Law Review

No abstract provided.

Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan

University of Miami Entertainment & Sports Law Review

No abstract provided.

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong

Duke Journal of Comparative & International Law

No abstract provided.

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 …

Byte After Byte, The Courts Nibble Away At Copyright Protection Of Software, Virginia Ann Johnson

Georgia State University Law Review

No abstract provided.

Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura

Washington International Law Journal

Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.

Copyright In The European Economic Community, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Introduction, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trends And Developments In The European Community Affecting The Motion Picture Industry, Bernard R. Sorkin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Past And Current Trends In The Evolution Of Design Protection Law – A Comment, J.H. Reichman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores

University of Miami Entertainment & Sports Law Review

No abstract provided.

Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz

University of Miami Law Review

No abstract provided.

The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith

Duke Law Journal

No abstract provided.

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"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 …

The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman

Cornell International Law Journal

No abstract provided.

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.

Copyright Protection For Useful Articles: Can The Design Of An Object Be Conceptually Separated From The Object's Function?, Gary S. Raskin

Santa Clara Law Review

No abstract provided.

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.