Law Commons^™

Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.

Scholarship Chronologically

Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …

Music, Money, And The Middleman: The Relationship Between The Songwriter And The Publisher, Cornelius Cowles

Vanderbilt Journal of Entertainment & Technology Law

Money, along with creative drive and the chance to work in an exciting industry, push the publisher and songwriter both. This article seeks to help the songwriter under-stand the role of the music publisher, an indispensable and unavoidable part of the country music industry. It examines the songwriter-publisher relationship from the perspective of those people active in the industry and examines criticism of the publisher's role. It further analyzes the typically thorny legal and contractual issues faced by the songwriter in negotiating an exclusive songwriting agreement with the publisher. Finally, recognizing the special role of songwriters in Nashville, it addresses …

When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter

Fordham Law Review

No abstract provided.

Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan

Fordham Law Review

No abstract provided.

Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines

News Articles

No abstract provided.

Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen

LLM Theses and Essays

The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …

Fair Use, Lloyd L. Weinreb

Fordham Law Review

No abstract provided.

The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Faculty Scholarship

Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?

In …

Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton

Articles

No abstract provided.

Introduction, Wendy J. Gordon

Faculty Scholarship

Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

Farewell Madison Avenue, Marci A. Hamilton

Articles

No abstract provided.

When You Wish Upon A Star: Explaining The Cautious Growth Of Royalty-Backed Securitization, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

This article focuses on the phenomenon of securitizing future royalties of entertainers, illustrating why securitzation of such royalties has not been embraced more enthusiastically. The article begins by describing the securitization process in general and the differences between mortgage-backed and asset-backed securities. The article then examines the benefits of securitization as applied to entertainment royalties. Benefits of securitization include immediate liquidity, less expensive capital, and diversification of the suppliers of the originator’s funding. However, securitization does not make sense for many entertainers unless they need large sums of cash. Moreover, securitizing royalties may not be viable because it creates a …

Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer

Faculty Scholarship

On November 14, 1998, Franklin Pierce Law Center (FPLC), in cooperation with the Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship and the PTC Research Foundation, both of which are headquartered at FPLC, held its Seventh Biennial Intellectual Property System Major Problems Conference. While noteworthy for a broadening in scope over previous conferences - from "patent system major problems" to "intellectual property system major problems" - the seventh biennial conference continues a tradition of scholarship and discussion begun in 1987 by former FPLC professor Homer O. Blair.

The discussions in Professor Blair's inaugural major problems conference focused …

When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson

Faculty Scholarship

Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …

From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.

Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan

Duke Journal of Comparative & International Law

No abstract provided.

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter A. Effross

South Carolina Law Review

No abstract provided.

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Scholarly Works

The fair use doctrine has become so important in American copyright law that it is somewhat surprising to learn that the case credited with creating it, Folsom v. Marsh, was so poorly reasoned that it may be entitled to first place in the category of bad copyright decisions. The case was a bill in equity for copyright piracy, the style of which comes from plaintiff, Folsom, Wells and Thurston, printers and publishers, and defendants, Marsh, Capen and Lyon, booksellers.

If one of the characteristics of a bad legal decision is that it gives rise to a myth as to what …

Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Asserting Copyright's Democratic Principles In The Global Arena, Neil W. Netanel

Vanderbilt Law Review

In a seeming blink of an eye, international bodies applying international law have effectively become the arbiters of domestic copyright law. World Trade Organization ("WTO") dispute settlement panels may now determine whether a nation's copyright law comports with the newly adopted Agreement on Trade-Related Aspects of Intellectual Property ("TRIPS"),' and may authorize trade sanctions upon a finding of non-compliance. Of like import, the United Nations' World Intellectual Property Organization ("WIPO") increasingly serves as a favored venue for copyright industry and user groups to further their legislative agendas. Recent WIPO treaties have accordingly set the tone for proposed domestic legislation designed …

Copyright Protection For Software, Ralph Oman

ILSA Journal of International & Comparative Law

The United States blazed the trail in giving copyright protection for software. Until just recently, many other countries favored sui generis protection for software, but that argument was finally settled in GATT/TRIPs and last December's World Intellectual Property Organization Copyright Treaty.

"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea

Marquette Intellectual Property Law Review

Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.

The Uncopyrightability Of Jokes, Allen Madison

Faculty Publications

This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.

Year 2000 Hurdles And Controversies, Michael D. Schindler

Cleveland State Law Review

This article examines the hurdles and controversies of the Year 2000 problem. First, some background on the "Millennium Bug" explains the nature of the problem, how to fix it, and what it will cost. Next, the article discusses recent Year 2000 litigation. Then the article suggests that companies should implement a legal strategy to avoid potential liability by performing a legal audit of the Year 2000 problem. Additionally, the UCC and case law analysis are used to explain possible causes of action and who the plaintiffs and defendants will be. Other key legal issues analyzed are SEC disclosure requirements, insurance …

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal

Cleveland State Law Review

This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Fordham Law Review

No abstract provided.