Law Commons^™

Copyright In The European Economic Community, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Introduction, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Berne Revision: The Continuing Drama, Ralph Oman, Lewis Flacks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores

University of Miami Entertainment & Sports Law Review

No abstract provided.

Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz

University of Miami Law Review

No abstract provided.

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith

Duke Law Journal

No abstract provided.

Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Empire Strikes Back: The Influence Of The United States Motion Picture Industry On Russian Copyright Law, Lana C. Fleishman

Cornell International Law Journal

No abstract provided.

Copyright Protection For Useful Articles: Can The Design Of An Object Be Conceptually Separated From The Object's Function?, Gary S. Raskin

Santa Clara Law Review

No abstract provided.

What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben

Faculty Publications

Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.

"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen

Faculty Scholarship

Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.

Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the copyright …

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow

Cardozo Law Review

No abstract provided.

The Legal Protection Of Fictional Characters, Kenneth E. Spahn

University of Miami Entertainment & Sports Law Review

No abstract provided.

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.

Letter From Professor Timothy J. Brennan, Timothy J. Brennan

Scholarship Chronologically

Dear Wendy,

Thanks for sending me the recent pair of articles. I just had a chance to read them today while I'm getting my furnace and AC replaced. I enjoyed them very much, both for the chance to think about copyright issues and to read yet again your creative and insightful approach to them.

The most intriguing thing about the Dayton piece was the asymmetric mar- ket failure idea. (I'll come back to the prisoners' dilemma in connection with the LCP paper!) Your point that justifying copyright requires the belief that intellectual property markets won't work without copyright and that …

Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick

Duke Law Journal

No abstract provided.

The Ec Directive On The Legal Protection Of Computer Programs, Linda G. Morrison

Vanderbilt Journal of Transnational Law

The evolution of computer technology has launched questions regarding the proper scope of protection for computer software. The European Community (EC) recently adopted a Council Directive on the Legal Protection of Computer Programs (the Directive), which protects computer software under the copyright paradigm. The path to final adoption of the Directive, however, was marked by debates between diametrically opposed lobbying groups regarding the propriety of a reverse engineering exception to the exclusive right of reproduction. This Note discusses the lobbying efforts that led to a compromise and analyzes the Directive through a comparison to United States law. Next, the Note …

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Law and Contemporary Problems

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.

Originality And Creativity In Copyright Law, Howard B. Abrams

Law and Contemporary Problems

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.

Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer

Law and Contemporary Problems

Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Law and Contemporary Problems

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.

Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange

Law and Contemporary Problems

No abstract provided.

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.