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Full-Text Articles in Law

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu Sep 1998

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, …


Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba Jul 1998

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

Faculty Scholarship

No abstract provided.


Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett Jan 1998

Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett

Faculty Scholarship

No abstract provided.


Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon Jan 1998

Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon

Faculty Scholarship

As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.


Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer Jan 1998

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke Jan 1998

Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke

Faculty Scholarship

In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …


Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke Jan 1998

Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke

Faculty Scholarship

Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ("DOJ") brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ("PC") operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit.


Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg Jan 1998

Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg

Faculty Scholarship

The "tragedy of the commons" metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an "anticommons" in which people underuse scarce resources because too many owners can block each other. Privatization of biomedical research must be more carefully deployed to sustain both upstream research and downstream product development. Otherwise, more intellectual property rights may lead paradoxically to fewer useful products for improving human health.


The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller Jan 1998

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Faculty Scholarship

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse – a tragedy of the commons. Depleted fisheries …


Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke Jan 1998

Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke

Faculty Scholarship

The Internet has the potential to revolutionize global communication, offering a relatively low-cost means for information exchange. Since its inception as a research network, the Internet has developed into a "a vast library including millions of readily available and indexed publications and a sprawling mall offering goods and services."' The World Wide Web ("Web"), a tool which helps to organize the enormous amount of information available on the Internet, has been a catalyst in the Internet's emergence as a viable commercial marketplace.


On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief Jan 1998

On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief

Faculty Scholarship

It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …


Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg Jan 1998

Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg

Faculty Scholarship

U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms …


Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg Jan 1998

Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg

Faculty Scholarship

When, in response to a French decision upholding the rights of employee journalists to prevent the publisher's unauthorized licensing of electronic rights in the journalists' articles, French newspaper publishers yearn for "American-style copyright," they must imagine a work-made-for-hire nirvana in which publishers dispose of all rights in contributions to their periodicals, heedless of (and legally shielded from) authors' pesty claims for payment or control. To the extent that the work-made-for-hire doctrine applies, the publishing paradise conjured up by these French fantasies of law "reform" is very real indeed. Under U.S. copyright law, employee creators are not statutory "authors;" their employer …


Electronic Rights In Belgium And France: General Association Of Professional Journalists Of Belgium V. Central Station (Brussels Court Of First Instance, October 16, 1996; Brussels Court Of Appeals, October 28, 1997); Union Of French Journalists V. Sdv Plurimedia (Strasbourg Court Of Grand Instance, February 3, 1998) Symposium On Electronic Rights In International Perspective, Jane C. Ginsburg Jan 1998

Electronic Rights In Belgium And France: General Association Of Professional Journalists Of Belgium V. Central Station (Brussels Court Of First Instance, October 16, 1996; Brussels Court Of Appeals, October 28, 1997); Union Of French Journalists V. Sdv Plurimedia (Strasbourg Court Of Grand Instance, February 3, 1998) Symposium On Electronic Rights In International Perspective, Jane C. Ginsburg

Faculty Scholarship

Like many national presses in Europe, the Belgian press divides ideologically. Each daily newspaper represents the views of a political party, or expresses the perspective of a political or religious belief. Newspaper readers therefore tend to select the newspaper that most closely corresponds to their world-view. Ten publishers of Belgian dailies and weeklies formed a consortium, Central Station, to operate a website that would offer a crossection of all the participating periodicals' articles on a variety of subjects. The articles would appear in print in their separate newspapers in the morning, but would be available that evening on the Central …


Symposium On Electronic Rights In International Perspective: Introduction, Jane C. Ginsburg Jan 1998

Symposium On Electronic Rights In International Perspective: Introduction, Jane C. Ginsburg

Faculty Scholarship

Recent litigation in the U.S., Germany, the Netherlands, Belgium, and France has placed at issue the electronic publishing rights of employee and freelance journalists, contributors to print periodicals. In all five national controversies, the proprietors of the print publications, without securing the writers' express authorization, disseminated their articles in a variety of electronic media, including CD-ROM, third-party databases, and websites. Judicial resolution of the disputes required parsing the respective rights, under local copyright law (and in some cases, labor law as well), of the authors of the contributions to the periodicals, and of the copyright owners of the collective works …


Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg Jan 1998

Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg

Faculty Scholarship

It is my pleasure today to introduce our keynote speaker, Professor Larry Lessig. Professor Lessig is the Jack and Lillian Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and is a renowned scholar in intellectual property, constitutional, Internet, and new media law. Indeed, the last time Professor Lessig spoke here at Fordham, he was focusing on his pioneering work addressing fidelity in constitutional interpretation. Of course, not the sort of fidelity that the Senate is debating this afternoon.