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Articles 1 - 30 of 311
Full-Text Articles in Law
Dollywood Bollywood, Kembrew Mcleod
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Duke Law & Technology Review
The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Duke Law & Technology Review
[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.
Copyright And Fair Use In Law Office Libraries, James S. Heller
Copyright And Fair Use In Law Office Libraries, James S. Heller
Library Staff Publications
No abstract provided.
The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson
The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson
Popular Media
The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a "limited time" or may Congress extend the time already granted for existing copyrights? This is what Congress did …
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Criminal Copyright Infringement, I. Trotter Hardy
Criminal Copyright Infringement, I. Trotter Hardy
William & Mary Bill of Rights Journal
No abstract provided.
The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose
The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose
Faculty Publications
The British experience with patents and copyrights prior to 1787 is instructive as to the context within which the Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly privileges, restricted patents for new inventions to a specified term of years. The Stationers' Company, a Crown-chartered guild of London booksellers, continued to hold a monopoly on publishing, and to enforce censorship laws, until 1695. During this time, individual titles were treated as perpetual properties held by booksellers. In 1710, however, the Statute of Anne broke up these monopolies by imposing strict …
Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau
Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato
The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons
Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
William & Mary Law Review
No abstract provided.
Aids Drugs, National Emergency & Cipro, Srividhya Ragavan
Aids Drugs, National Emergency & Cipro, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Copyright Preemption And The Right Of Publicity, Jennifer E. Rothman
Copyright Preemption And The Right Of Publicity, Jennifer E. Rothman
All Faculty Scholarship
This article addresses the conflict between an ever-expanding right of publicity and the federally guaranteed rights provided by copyright law. This conflict is highlighted in the Wendt v. Host International case in which the actors George Wendt and John Ratzenberger from Cheers used the right of publicity to prevent the show's creators from licensing the use of the Norm and Cliff characters in the decor of a chain of airport bars. Even though the licensing of the characters was explicitly allowed under copyright law, the Ninth Circuit held that the right of publicity prevented the creators from doing so. Similarly, …
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter
Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter
BYU Law Review
No abstract provided.
Copyright And Time: A Proposal, Joseph P. Liu
Copyright And Time: A Proposal, Joseph P. Liu
Michigan Law Review
This Article makes a very specific and concrete proposal: it argues that courts should adjust the scope of copyright protection to account for the passage of time by expressly considering time as a factor in fair use analysis. More specifically, this Article argues that the older a copyrighted work is, the greater the scope of fair use should be - that is, the greater the ability of others to re-use, critique, transform, and adapt the copyrighted work without permission of the copyright owner. Conversely, the newer the work, the narrower the scope of fair use. Or, even more concretely, this …
4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.
Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton
Thomas J. Horton
No abstract provided.
Copyright And Time: A Proposal, Joseph Liu
Copyright And Time: A Proposal, Joseph Liu
Joseph P. Liu
This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Michigan Telecommunications & Technology Law Review
Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …