Law Commons^™

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.

Copyright And Information Policy, Jessica Litman

Law and Contemporary Problems

The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.

Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman

Law and Contemporary Problems

The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.

Grading The Performance Of A Legislator, Leo J. Raskind

Law and Contemporary Problems

The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.

Design Protection And The Legislative Agenda, J. H. Reichman

Law and Contemporary Problems

An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.

Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington

Law and Contemporary Problems

The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.

Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert

Law and Contemporary Problems

Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.

Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

Faculty Scholarship

When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.

When should lawmakers place copyright law or other IP law among the prime options to consider?

Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …

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

Faculty Scholarship

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

Scholarship Chronologically

Enclosed are the corrected pages of the transcript. The article itself will follow shortly.

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

Scholarship Chronologically

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Defining The Prisoners' Dilemma, Wendy J. Gordon

Scholarship Chronologically

Formally, a prisoner's dilemma is defined as follows: There are two participants symmetrically situated. For each player, her payoff if she refuses to cooperate with the other player is higher than her payoff would be if she cooperated, and this is true whether the other chooses to cooperate, or chooses to defect. If both cooperate, her payoff will be higher than if both defect.

Recent Developments In The Law Of The European Communities, Vivienne Robinson

Duke Journal of Comparative & International Law

No abstract provided.

The Viability Of The Copyright Misuse Defense, David Scher

Fordham Urban Law Journal

Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …

The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak

Journal of Law and Health

This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.

On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.

Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka

Articles

This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.

Furthermore, this Article reviews the legislative history and the impact …

The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton

University of Miami Entertainment & Sports Law Review

No abstract provided.

Toward A Theory Of Copyright: The Metamorphoses Of “Authorship”, Peter Jaszi

Duke Law Journal

No abstract provided.

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Cardozo Law Review

No abstract provided.

Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Royalties For Visual Artists: A Display-Based Alternative To The Droit De Suite , William A. Carleton Iii

Cornell Law Review

No abstract provided.

The Vices Of Originality, Paul J. Heald

Scholarly Works

Lately, the Constitution has become an unwelcome guest at the parties of those claiming rights lying on the periphery of intellectual property. Two terms ago, in Bonito Boats, Inc. v. Thunder Craft Boats Inc., the Court held that federal patent law preempted a Florida statute forbidding the reproduction of boat hulls by use of any direct molding process. The Court's decision effectively provided a limited constitutional right to copy unpatented product shapes and designs. Most recently, in Feist Publications, Inc. v. Rural Telephone Service, Inc. the Intellectual Property Clause was held to create positive restraints on Congress's ability to …

Foreword: Law And The Library, Timothy L. Coggins

Law Faculty Publications

A Foreword for the North Carolina Libaries Journal on "Law and the Library."