Law Commons^™

The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, Neil A. Benchell

Buffalo Intellectual Property Law Journal

No abstract provided.

Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.

Buffalo Intellectual Property Law Journal

No abstract provided.

Alternative Proposals And Effective Protection Of Computer Programs, Daehwan Koo

Buffalo Intellectual Property Law Journal

No abstract provided.

Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn

The Journal of Appellate Practice and Process

No abstract provided.

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …

I Am Glad I Got To Know Him, David Shipley

Scholarly Works

This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).

Copyrighting Facts, Michael Steven Green

Indiana Law Journal

No abstract provided.

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.

China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li

Faculty Scholarship

In November 2001, member states of the World Trade Organization (WTO) approved the proposal to admit China to the international trading body. After fifteen years of exhaustive negotiations, China finally became the 143rd member of the WTO on December 11, 2001. To reflect on this event, this panel brings together six China experts to explore the ramifications of China's accession to the WTO. Among the issues addressed are whether China is making progress in its compliance with the WTO requirements, whether China is suffering setbacks in the socio-economic arena, whether there are any prospects for democratic reforms and stronger human …

Four Common Misconceptions About Copyright Piracy, Peter K. Yu

Faculty Scholarship

Copyright piracy is one of the most difficult, yet important, transnational problems in the twenty-first century. Although legal literature has discussed copyright piracy extensively, commentators rarely offer a "grand unified theory" on this global problem. Rather, they give nuanced analyses, discussing the many aspects of the problem-political, social, economic, cultural, and historical.

This nuanced discussion, however, is missing in the current public debate. To capture the readers' emotion and to generate support for proposed legislative and executive actions, the debate often oversimplifies the complicated picture by overexagerrating a particular aspect of the piracy problem or by offering an abbreviated, easy-to-understand, …

Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin J. Effron

Faculty Scholarship

No abstract provided.

Strengthening The Distinction Between Copyright And Trademark: The Supreme Court Takes A Stand, Jessica Bohrer

Duke Law & Technology Review

Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of an un-copyrighted work was an open one. However, in Dastar v. Twentieth Century Fox, the United States Supreme Court speaks directly on this issue, emphasizing the distinction between copyright and trademark protections and cautioning against "misuse or overextension" of trademark protections into areas traditionally covered by copyright or patent law. This iBrief assesses the importance of such line drawing and explores the implications of this decision.

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Laura Quilter

Amicus brief in the MGM v. Grokster case.

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Jennifer M. Urban

Are We Legislating Away Our Scientific Future? The Database Debate, Dov Greenbaum

Duke Law & Technology Review

The ambiguity of the present copyright laws governing the protection of databases creates a situation where database owners, unsure of how IP laws safeguard their information, overprotect their data with oppressive licenses and technological mechanisms (condoned by the DMCA) that impede interoperation. Databases are fundamental to scientific research, yet the lack of interoperability between databases and limited access inhibits this research. The US Congress, spurred by the European Database Directive, and heavily lobbied by the commercial database industry, is presently considering ways to legislate database protections; most of the present suggestions for legislation will be detrimental to scientific progress. The …

Students, Music And The Net: A Comment On Peer-To-Peer File Sharing, David L. Lange

Duke Law & Technology Review

As most of the public now know, the recording industry has lately filed civil suits alleging copyright infringement against hundreds of individual defendants across the country, many (I think most) of them college students and campus hangers-on. Hundreds more such suits are said to be in the offing. The nature of the infringements? Peer-to-peer file sharing via the Internet: a kind of piracy, to use the term favored by the industry, or downloading, as it is generally thought of by the students themselves - but from either perspective, the practice of recording music from the Net while making it available …

A Putative Inventor’S Remedies To Correct Inventorship On A Patent, Campbell Chiang

Duke Law & Technology Review

Inventorship is a required component of patents issued in the United States, and the penalty for filing a patent with incorrect inventorship is harsh: possible invalidation of the entire patent. This iBrief explores the background on inventorship in the United States patent system, and various remedies such as 35 U.S.C. §116, 35 U.S.C. §256, and interference proceedings in correcting errors in inventorship. This iBrief will then discuss the usefulness of these various remedies to a putative inventor who was left off the inventorship of a patent.

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …

Beyond Dilution: Toward A Coherent Theory Of The Anti Free Rider Impulse In American Trademark Law, David J. Franklyn

ExpressO

This article argues for a fundamental shift in the way famous trademarks are protected under American trademark law. Currently, famous marks are protected by dilution law, which purports to prevent a particular kind of harm (i.e., the gradual whittling away of the commercial magnetism of a famous mark). The article argues that this is the wrong focus of famous mark protection, because dilution is an illusory concept; it either does not exist, or it is so difficult to prove, that it is an ineffective and misleading doctrinal tool. The article contends that American trademark law should move from the harm-based …

Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl

ExpressO

No abstract provided.

Festo And The Future Of The Doctrine Of Equivalents, Brian J. Teague

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The European Commission Decision On Standard Contractual Clauses For The Transfer Of Personal Data To Third Countries: An Effective Solution?, Alexander Zinser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

"The Abuse Of Dominant Position" Under Article 82 Of The Treaty Of The European Community: Impact On Licensing Of Intellectual Property Rights, Aashit Shah

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Broadening The Scope Of Biotechnology By Disclosing A Scientific Theory, Jeffrey L. Light

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Trademarks In Cyberspace: The Pseudo-Abrogation Of The Territorialty Principle, Chad J. Doellinger

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Several Lives Of Mickey Mouse: The Expanding Boundaries Of Intellectual Property Law, Ben Depoorter

ExpressO

No abstract provided.

Cuestiones Procesales En La Ley De Defensa De La Competencia, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler

ExpressO

This article analyzes the different approaches of the United States and the European Union in the EU Copyright Directive towards the protection of technological protection measures against circumvention. The European and German laws have a radically different approach to fair use that heretofore has not been satisfactorily examined. It is a basic principle of copyright law in the European countries not to provide for a broad fair use exception, but to enumerate specific uses that are excluded from the copyright owner’s right to intervene. However, mostly payment of a reasonable compensation is required. This system is preserved in the recently …

Licencias "Atadas" Sobre Derechos Intelectuales Y Defensa De La Competencia., Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.