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Articles 1 - 25 of 25
Full-Text Articles in Law
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
LLM Theses and Essays
The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …
Breves Notas Sobre Traducción Y Derecho De Autor, Maximiliano Marzetti
Breves Notas Sobre Traducción Y Derecho De Autor, Maximiliano Marzetti
Maximiliano Marzetti
No abstract provided.
Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul
Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul
Theses and Dissertations
It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …
El Régimen De Las Invenciones Laborales Y Universitarias En La Legislación Española, Maximiliano Marzetti
El Régimen De Las Invenciones Laborales Y Universitarias En La Legislación Española, Maximiliano Marzetti
Maximiliano Marzetti
No abstract provided.
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
LLM Theses and Essays
This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgments. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely …
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens
ExpressO
The article discusses broadly the music piracy problem in Russia, the current state of Russia’s copyright laws, and how its laws and problems compare to the U.S. and the rest of the world. In particular, the article focuses on music piracy through the Internet and how it has exploded in Russia. One of the websites I target is the infamous Allofmp3.com, which has attracted a large amount of U.S. attention in recent times by consumers as well as lawmakers. The article analyzes the legislative and enforcement deficiencies in Russia that led to the enormous problem with traditional music piracy and …
La Voip Y La Nueva Ley, Juan Carlos Riofrío Martínez-Villalba
La Voip Y La Nueva Ley, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
Speechless Trademarks? Dilution Theory Meets Freedom Of Speech, Maximiliano Marzetti
Speechless Trademarks? Dilution Theory Meets Freedom Of Speech, Maximiliano Marzetti
Maximiliano Marzetti
No abstract provided.
Intellectual Property Law: Theory Vs. Implementation , Edgardo Buscaglia
Intellectual Property Law: Theory Vs. Implementation , Edgardo Buscaglia
Edgardo Buscaglia
The paper provides a jurimetric identification of the legal and judicial factors explaining the best practices in implementing rules and standards of intelectual property in developing countries.
An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye
An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Intellectual Property, Trade & Development: The State Of Play , Daniel J. Gervais
Intellectual Property, Trade & Development: The State Of Play , Daniel J. Gervais
Fordham Law Review
No abstract provided.
The First Amendment's Biggest Threat, Michael J. Gerhardt
The First Amendment's Biggest Threat, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Drafting Process For A Hague Convention On Jurisdiction And Judgements With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
The Drafting Process For A Hague Convention On Jurisdiction And Judgements With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
LLM Theses and Essays
This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgements. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely …
Ip Transactions: On The Theory & Practice Of Commercializing Innovation, F. Scott Kieff
Ip Transactions: On The Theory & Practice Of Commercializing Innovation, F. Scott Kieff
GW Law Faculty Publications & Other Works
All too often within organizations and communities, innovations are not generated or put to use as rapidly or as broadly as they could be. Chief targets for blame include the problems of transaction costs, agency costs, lack of coordination, and improper incentives. Borrowing from the rich literature in the field generally known as new institutional economics, which has studied these types of problems more broadly, this Article elucidates how some practical tools might be expected to mitigate such problems. Particular arrangements of formal law and informal practice may help reach across the "valley of death" between early stage technologies and …
Legal And Technical Standards In Digital Rights Management Technology , Dan L. Burk
Legal And Technical Standards In Digital Rights Management Technology , Dan L. Burk
Fordham Law Review
No abstract provided.
Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner
Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner
Human Rights Brief
No abstract provided.
Judging Art, Christine Farley
Judging Art, Christine Farley
Articles in Law Reviews & Other Academic Journals
What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …
An Approach To Intellectual Property, Bankruptcy, And Corporate Control, F. Scott Kieff, Troy A. Paredes
An Approach To Intellectual Property, Bankruptcy, And Corporate Control, F. Scott Kieff, Troy A. Paredes
GW Law Faculty Publications & Other Works
Corporate control is the central concern of corporate law, and, in addition to priority, has become a core concern of bankruptcy. The question of corporate control in bankruptcy is especially important for intellectual property ("IP") rights. Bankruptcy proceedings do not compromise fundamentally the value of most tangible assets. Tangible assets generally retain their value both during and after bankruptcy proceedings, although there is always the risk that the business will be run poorly. IP is different. IP rights are typically most valuable when they carry a credible threat of injunction. As a result, to the extent the delay and coordination …
A Tale Of Two Countries: Canada's Response To The Peer-To-Peer Crisis And What It Means For The United States, Fara Tabatabai
A Tale Of Two Countries: Canada's Response To The Peer-To-Peer Crisis And What It Means For The United States, Fara Tabatabai
Fordham Law Review
No abstract provided.
Law And Liberty In Virtual Worlds, Jack M. Balkin
Law And Liberty In Virtual Worlds, Jack M. Balkin
NYLS Law Review
No abstract provided.
What Is The Database Sui Generis Right?, Estelle Derclaye
What Is The Database Sui Generis Right?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Ley Orgánica De Transparencia Y Acceso A La Información Pública, Comentada, Juan Carlos Riofrío Martínez-Villalba
Ley Orgánica De Transparencia Y Acceso A La Información Pública, Comentada, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah S. Tussey
Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah S. Tussey
Deborah S. Tussey
No abstract provided.
Music At The Edge Of Chaos: A Complex Systems Perspective On File Sharing, Deborah S. Tussey
Music At The Edge Of Chaos: A Complex Systems Perspective On File Sharing, Deborah S. Tussey
Deborah S. Tussey
No abstract provided.
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Adam Epstein
Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …