Law Commons^™

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo

UC Law SF Communications and Entertainment Journal

Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.

Issue 51 - December 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Crisis of ORT, page 1

News from the Duma, page 5

Communists Call for Control of Media, page 7

Election News, page 12

News on VGTRK, page 13

Other Media News, page 17

Azerbaijan, page 20

Belarus, page 22

Estonia, page 22

Moldova, page 22

Ukraine, page 23

Albania, page 24

Bulgaria, page 25

Hungary, page 25

Poland, page 26

Slovakia, page 27

Yugoslavia and Former Yugoslavia:

Bosnia-Herzegovina, page 29

Macedonia, page 33

Montenegro, page 33

Serbia, page 34

Slovenia, page 36

Law of Kyrgyz Republic on Mass Media, page 37

Queries and …

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitoner, Thomas G. Field Jr., John F. Duffy, Craig Allen Nard

Law Faculty Scholarship

Congress enacted the Administrative Procedure Act (APA) in 1946 as a comprehensive statute to regulate the field of federal administrative law. In holding that the PTO Board of Patent Appeals and Interferences is not subject to the standards of judicial review set forth in the APA, the [Zurko] decision isolates patent law from the rest of administrative law and undermines the APA’s goal of achieving consistency and uniformity in federal administrative law.

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

Copyright, Fair Use, Scholarly Communication, etc.

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Michigan Law Review

Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …

Issue 50 - November 1, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Media Tax Concessions Law, page 1

Proposed Amendments to Mass Media Law, page 3

News on ORT, page 4

VGTRK Supervisory Council, page 8

Other Media News, page 10

Armenia, page 12

Latvia, page 12

Tajikistan, page 12

Turkmenistan, page 13

Ukraine, page 13

Albania, page 14

Hungary, page 16

Slovakia, page 18

Yugoslavia and Former Yugoslavia

Croatia: New Laws on HRT, page 19

Serbia / Montenegro

New Serbian Information Law, page 22

Montenegro's Reaction to New Serbian Media Law, page 29

Other Media News, page 30

Analysis of the Azerbaijani "Laws on Mass …

Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate

Indiana Journal of Global Legal Studies

No abstract provided.

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.

Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed

Indiana Journal of Global Legal Studies

No abstract provided.

Unilateral Refusals To Deal In Intellectual Property After Image Techical Services, Inc. V. Eastman Kodak Co., Brian F. Ladenburg

Washington Law Review

While the Federal Patent and Copyright Acts give patent and copyright holders limited exclusive rights in intellectual property, the Sherman Act prohibits combinations or conspiracies that restrain trade and monopolization. Although firms possessing intellectual property generally exercise their statutory exclusionary rights without running afoul of the antitrust laws, conduct may plausibly be authorized by intellectual property law but forbidden by antitrust. In construing the two statutory schemes, federal courts have generally held that conduct authorized by the intellectual property laws, in the absence of some further inculpatory action, cannot form the basis for antitrust liability. The Ninth Circuit departed from …

An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

In The Wake Of Lough V. Brunswick Corp.: Who Decides Experimental Purpose In 35 U.S.C. § 102(B) Public Use Cases?, Chad P. Webster

Washington Law Review

Pursuant to 35 U.S.C. § 102(b), a defendant can avoid liability for patent infringement if the patented invention was in public use in the United States more than one year prior to the date of patent application. Although "public use" is broadly construed to include most nonsecret uses, a nonsecret use pursued primarily for bona fide experimental purposes is merely an "experimental use." Experimental use negates the conclusion that an invention was in public use within the meaning of section 102(b). In Lough v. Brunswick Corp., the U.S. Court of Appeals for the Federal Circuit held that the issues …

Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

One Trip To The Dentist Is Enough: Reasons To Strengthen Intellectual Property Rights Through The Free Trade Area Of The Americas, Owen Lippert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Issue 48-49 - September 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Reorganization of VGTRK, page 1

Crackdown on Piracy, page 9

Other Media News, page 10

Chechnya, page 13

Estonia, page 15

Kazakhstan, page 16

Tajikistan, page 16

Ukraine, page 16

Uzbekistan, page 16

Bulgaria, page 17

Hungary, page 19

Slovakia

TV Markiza, page 19

Slovak TV's Closure of Hungarian Service, page 21

Other Media News, page 22

Yugoslavia and Former Yugoslavia

Bosnia-Herzegovina

Suspension and Relocation of SRNA, page 23

Croatian TV, page 24

Other Media News, page 30

Serbia, 32

Decree on payment for use of radio frequencies, page 33

Structural Reconstruction of …

Amicus Brief Of Thomas G. Field, Jr., Pro Se Supporting In Principle, On Rehearing The Commissioner Of Patents And Trademarks, Thomas G. Field Jr.

Law Faculty Scholarship

To those unfamiliar with the long, often bitter, struggle over equally compelling needs to provide, on the one hand, innovators with an adequate opportunity to recoup risk capital and to avoid, on the other, erecting unwarranted barriers to competition, a dispute over the proper scope of review for Patent and Trademark Office (PTO) patent appeals will seem both trivial and arcane. This case involves more than semantics -- its resolution turns on the allocation of power among three, and arguably four, branches of government. This Court, itself, has a stake.

Europeanisering Van Het Benelux Merkenrecht (In: Opstellen Aangeboden Aan Theo Bremer), Severin De Wit

Severin de Wit

No abstract provided.

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review

No abstract provided.

Technology On The Factory Floor Iii: Technology Use And Training In Us Manufacturing Firms, Paul Swamidass

Paul Swamidass

This is the third issue of the Technology on the Factory Floor series. The study was sponsored by the Manufacturing Institute and the National Science Foundation. Data for this study of manufacturing technology use was collected from 1,025 manufacturing plant managers during 1997 using a modified survey questionnaire originally used in the 1993 study.

The findings were: Since the 1993 study, inventory turnover increased, rejection and rework reduced, and cycle time and manufacturing costs decreased; overall, there was measurable improvement in manufacturing since 1993. Other findings were: larger plants use technologies more extensively than smaller plants; exporters use more manufacturing …

1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew

American University Law Review

No abstract provided.

Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill

American University Law Review

No abstract provided.

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Immunity Doctrines, Paul J. Heald, Michael L. Wells

Scholarly Works

Part I of this Article addresses relief available to intellectual property owners under the Takings Clause of the Fifth Amendment. Before Congress's express abrogation of state sovereign immunity in 1992, federal, state, and local governments were nonetheless potentially liable for misappropriations of intellectual property that constituted takings without just compensation. This examination of the Supreme Court's Fifth Amendment jurisprudence is also key to answering the critical question of whether federal patent, copyright, and trademark laws establish rights in “property” for the purposes of the Fourteenth Amendment, for only under section 5 of the Fourteenth Amendment may Congress abrogate a state's …

Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba

Faculty Scholarship

No abstract provided.