Law Commons^™

How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56

Intellectual Property

No abstract provided.

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review (1982 - 2011)

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

The Enduring Contributions Of Professor Nimmer, J. H. Reichman

Faculty Scholarship

No abstract provided.

Music Recording, Publishing, And Compulsory Licenses: Toward A Consistent Copyright Law, Scott L. Bach

Hofstra Law Review

No abstract provided.

Copyright Liability For Performances Of Musical Works: Use Of Background Radio Music In The Aftermath Of Twentieth Century Music Corp. V. Aiken

Washington and Lee Law Review

No abstract provided.

Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle

Cleveland State Law Review

This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

Scholarly Works

The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …

Copyright And Fee-Based Copying Services, James S. Heller

Library Staff Publications

No abstract provided.

Tax Policy: Copyrights And Patents, Madelyn Shohen Cantor

Villanova Law Review (1956 - )

No abstract provided.

Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon

Scholarship Chronologically

Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.

Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton

West Virginia Law Review

No abstract provided.

Draft Of Desert Theory - 1985, Wendy J. Gordon

Scholarship Chronologically

The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.

Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon

Scholarship Chronologically

The legal treatment of the sharing-benefits issue runs along the following Hohfeldian continuum.

The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain

All Faculty Scholarship

Outside the United States, many countries take the position that an

author owns the copyright to his or her work simply by virtue of having

created it; copyright protection is not conditioned on compliance with

notice or other formalities. 1 The United States, however, has historically

required copyright notice to be placed on works which are published.

Judge Friendly succinctly explained the American position: "The notice

requirement serves an important public purpose; the copyright proprietor

is protected so long and only so long as he gives effective warning to

trespassers that they are entering on forbidden ground.

Innovation And Imitation Artistic Advance And The Legal Protection Of Architectural Works , Elizabeth A. Brainard

Cornell Law Review

No abstract provided.

New York Artists’ Authorship Rights Act Increased Protection And Enhanced Status For Visual Artists , Sarah Ann Smith

Cornell Law Review

No abstract provided.

Protecting Research: Copyright, Common-Law Alternatives, And Federal Preemption, David E. Shipley, Jeffrey S. Hays

Scholarly Works

Under federal copyright law, an author's expression is protected but his ideas and discoveries are not. Professor Shipley explores the possibility of expanding copyright to protect the research of nonfiction authors, but concludes that such an expansion would undermine federal copyright policy. State-law remedies exist that will provide such protection if they are not preempted by federal law. Professor Shipley concludes that most contract claims and some misappropriation claims will survive preemption and therefore are a means by which nonfiction authors can protect their research.

Dowling V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Copyrightability Of Computer Operating Systems

Washington and Lee Law Review

No abstract provided.

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 …

Copyrightability Of Object Code, James Canfield

Notre Dame Law Review

No abstract provided.

Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair

Articles by Maurer Faculty

No abstract provided.

Overlapping Interests In Derivative Works And Compilations, Christine Wallace

Case Western Reserve Law Review

No abstract provided.

Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh

Cardozo Law Review

No abstract provided.

In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer

University of Miami Law Review

One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act's focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of "moral rights" in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers' artistic interests.

Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan

Fordham Law Review

No abstract provided.

Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan

Fordham Law Review

No abstract provided.

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.

Blanket Licensing Of Music Performing Rights: Possible Solutions To The Copyright-Antitrust Conflict, Mary K. Kennedy

Vanderbilt Law Review

This Recent Development compares Buffalo Broadcasting with other blanket licensing decisions and predicts the reversal of Buffalo Broadcasting on appeal. Part II of this Recent Development discusses the organization and operation of the performing rights societies. Part III focuses on the pertinent antitrust principles and the history of antitrust litigation between the performing rights societies and various licensees. Part IV examines recent decisions addressing blanket licenses in which courts have used similar analyses yet reached differing results. Part V analyzes possible solutions to the conflict between antitrust and copyright laws in the blanket licensing context and concludes that resolution of …

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 …