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Articles 1 - 30 of 398
Full-Text Articles in Law
Turning A New Leaf: A Privacy Analysis Of Carwings Electric Vehicle Data Collection And Transmission, Francesca Svarcas
Turning A New Leaf: A Privacy Analysis Of Carwings Electric Vehicle Data Collection And Transmission, Francesca Svarcas
Santa Clara High Technology Law Journal
No abstract provided.
Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh
Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh
Touro Law Review
No abstract provided.
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Touro Law Review
After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …
The Destruction Of An Empire: Will Viacom End Youtube's Reign?, Adam Shatzkes
The Destruction Of An Empire: Will Viacom End Youtube's Reign?, Adam Shatzkes
Touro Law Review
In a pre-Napster world Congress sought to promote theadvancement and development of the Internet. To facilitate this expansion, Congress enacted the Digital Millennium Copyright Act ("DMCA"), which protects internet service providers from copyright infringement liability. Due, in part, to the DMCA, the Internet has expanded beyond Congress' expectations. With the growth of the Internet, however, inequities have been created. YouTube epitomizes these inequities and Viacom's suit highlights the injustices that have been created. The ease with which copyrighted materials are published on the Internet has made it impossible for copyright owners to adequately protect their works. It is time for …
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon
Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon
Touro Law Review
Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Touro Law Review
In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
San Diego Law Review
This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …
Copyright And Trademark Law And Public Interest Lawyering, R. Anthony Reese
Copyright And Trademark Law And Public Interest Lawyering, R. Anthony Reese
UC Irvine Law Review
No abstract provided.
The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges
The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges
San Diego Law Review
In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.
Managing The Intellectual Property Sprawl, Shubha Ghosh
Managing The Intellectual Property Sprawl, Shubha Ghosh
San Diego Law Review
Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
San Diego Law Review
I am going to start this Article with two confessions. First, when I was fourteen, my favorite rock song was (Don’t Fear) The Reaper, by Blue Oyster Cult. Second, one of my favorite Saturday Night Live (SNL) sketches is from the 2000 season, “Behind the Music: Blue Oyster Cult.” The sketch is a tribute in memory of Gene Frenkle, the member of Blue Oyster Cult who played the cowbell on (Don’t Fear) The Reaper. The SNL sketch purports to explain how the cowbell made it onto the studio recording. In the sketch, members of the regular SNL cast pretend to …
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
San Diego Law Review
The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …
Access And The Public Domain, Randal C. Picker
Access And The Public Domain, Randal C. Picker
San Diego Law Review
[T]his Article sketches out the emerging public domain. Part III considers three conceptual questions for structuring use of the public domain, focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Part IV turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA, and the CFAA. Each of these matters for access to the public domain and for …
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
San Diego Law Review
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor
Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor
San Diego Law Review
[T]his Article describes the artisan and merchant guild systems of the Venetian Republic. Part III explores the emergence of the patent system as a means for foreigners and Venetian citizens to compete with the guilds, as well as the eventual addition of negative exclusive rights to the basic license form of positive patent privileges. In so doing, contrary to the speculation of some scholars, we reject with near certainty the contention that the first patent law statute granting exclusionary rights for—in modern parlance—technological inventions was a silk-specific directive enacted by the Venetian Grand Council in the late fourteenth or early …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik
Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik
Pepperdine Law Review
No abstract provided.
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilites, Stephanie L. Varela
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilites, Stephanie L. Varela
Florida Law Review
Imagine, before advising each client, having to confer with the U.S. Patent and Trademark Office (USPTO) to determine whether another lawyer already owns a patent to the legal strategy you wish to propose. Imagine having to pay someone so your client can follow legal advice you wish to impart. Worse yet, imagine having to forego the most favorable legal course of action for your client simply because your client cannot afford it! While these possibilities may seem outlandish, this is precisely what courts may soon decide. Judicial affirmation of the patentability of legal strategies could become a stark reality sooner …
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global?, Larry Dougherty
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global?, Larry Dougherty
Florida Law Review
Suppose your law firm represents CrabApple, the large, Californiabased manufacturer of the BuyPod, a portable digital music player. CrabApple also sells songs from its online music store, BuyTunes, for use on the BuyPod. One morning, a class-action antitrust lawsuit lands on your desk. It accuses CrabApple of illegal tying—because the BuyPod is designed to play only music from BuyTunes, and BuyTunes songs only play on BuyPods. CrabApple customers claim the tying has forced them to make unwanted purchases—BuyPod ownersfelt compelled to buy their music from BuyTunes, and anyone who wanted to use BuyTunes had to get a BuyPod. These consumers …
Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin
Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin
Florida Law Review
In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter—the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds that without more meaningful limits on the scope of patentable subject matter, future invention will be impeded rather than encouraged. This Article takes a broader view of the subject matter inquiry, tracing its historical development and its changing theories of technology, from the patent system’s inception to the present. This Article demonstrates that through these theories of …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word spread about the paper, and the student author sold it to the highest bidder, who later turned in the same paper to the same professor and received a B. The next year, after being recycled yet again, the paper received a B plus. When the paper was recycled and submitted a fourth time, it finally received an …
Creating Capital From Culture - Re-Thinking The Provisions On Expressions Of Folklore In Ghana's Copyright Law, Gertrude Torkornoo
Creating Capital From Culture - Re-Thinking The Provisions On Expressions Of Folklore In Ghana's Copyright Law, Gertrude Torkornoo
Annual Survey of International & Comparative Law
This paper examines three tensions created by the manner in which Ghana’s TCEs are regulated under the Copyright Act. The first tension is the divergence between the context of private rights and communally created works. While one of the fundamental principles of copyright law is to reward specific and identifiable sources of creativity, Act 690 grants copyright in communally created art. There is also divergence between the usual designated duration of copyright and the antiquated nature of most expressions of folklore, including kente and adinkra expressions.
The second tension arises from the fact that the placement of copyright in Ghana’s …
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Pace Law Review
No abstract provided.
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
Pace Law Review
No abstract provided.
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Pace Law Review
No abstract provided.
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.