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Full-Text Articles in Law
Promoting Progress With Fair Use, Joshua N. Mitchell
Promoting Progress With Fair Use, Joshua N. Mitchell
Duke Law Journal
The Intellectual Property (IP) Clause provides that Congress has the power "to promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." In the realm of copyright, Congress and the courts have interpreted the clause as granting Congress a power not to promote progress but to establish limited IP monopolies. To return to an understanding of the IP power better grounded in the constitutional text, Congress and the courts should ensure that any IP enactment "promote[s] ... Progress" by considering whether it improves the …
Reviving The Rhetoric Of The Public Interest: Choir Directors, Copy Machines, And New Arrangements Of Public Domain Music, Paul J. Heald
Reviving The Rhetoric Of The Public Interest: Choir Directors, Copy Machines, And New Arrangements Of Public Domain Music, Paul J. Heald
Duke Law Journal
No abstract provided.
Drawing The Boundary Between Copyright And Contract: Copyright Preemption Of Software License Terms, Maureen A. O'Rourke
Drawing The Boundary Between Copyright And Contract: Copyright Preemption Of Software License Terms, Maureen A. O'Rourke
Duke Law Journal
No abstract provided.
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
Duke Law Journal
No abstract provided.
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
Duke Law Journal
No abstract provided.
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Duke Law Journal
No abstract provided.
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi
Duke Law Journal
No abstract provided.
Of Bread And Roses And Copyrights, Linda J. Lacey
Of Bread And Roses And Copyrights, Linda J. Lacey
Duke Law Journal
No abstract provided.
Contu Revisited: The Case Against Copyright Protection For Computer Programs In Machine-Readable Form, Pamela Samuelson
Contu Revisited: The Case Against Copyright Protection For Computer Programs In Machine-Readable Form, Pamela Samuelson
Duke Law Journal
Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute …
Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman
Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman
Duke Law Journal
This is the first of two articles that study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern can be discerned in the treatment of these designs in both foreign and domestic law. Traditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal recognition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs …
Protecting Trade Secrets Through Copyright, Stephen M. Dorvee
Protecting Trade Secrets Through Copyright, Stephen M. Dorvee
Duke Law Journal
No abstract provided.