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Full-Text Articles in Law

Copyright Protection For Factual Compilations--Reviving The Misappropriation Doctrine, Sarah Lum Jan 1988

Copyright Protection For Factual Compilations--Reviving The Misappropriation Doctrine, Sarah Lum

Fordham Law Review

No abstract provided.


Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman Jan 1988

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.


The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian Jan 1988

The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian

Fordham Law Review

No abstract provided.


Reexamining Intellectual Property Concepts: A Glimpse Into The Future Through The Prism Of Chakrabarty, Monroe E. Price Jan 1988

Reexamining Intellectual Property Concepts: A Glimpse Into The Future Through The Prism Of Chakrabarty, Monroe E. Price

Articles

No abstract provided.


Book Review. Copyright For The Eighties: Cases And Materials, 2d Ed., Marshall A. Leaffer Jan 1988

Book Review. Copyright For The Eighties: Cases And Materials, 2d Ed., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


One Hundred And Two Years Later: The U.S. Joins The Berne Convention, Jane C. Ginsburg, John M. Kernochan Jan 1988

One Hundred And Two Years Later: The U.S. Joins The Berne Convention, Jane C. Ginsburg, John M. Kernochan

Faculty Scholarship

In historic votes on October 5 and October 12, the U.S. Senate and House of Representatives unanimously approved legislation designed to bring U.S. law into compliance with the Berne Convention. The legislation was signed by President Reagan on October 31, 1988. Also signed by the President was a Senate Resolution of October 20 of Ratification of the Berne Convention. Following deposit of the requisite instruments with the World Intellectual Property Organization in Geneva, U.S. adherence to Berne took effect on March 1, 1989.

For the U.S., this momentous step is the culmination of decades of struggle, including many failed attempts …


Colors In Conflicts: Moral Rights And The Foreign Exploitation Of Colorized U.S. Motion Pictures, Jane C. Ginsburg Jan 1988

Colors In Conflicts: Moral Rights And The Foreign Exploitation Of Colorized U.S. Motion Pictures, Jane C. Ginsburg

Faculty Scholarship

This article explores an international aspect of the current debate over colorized motion pictures. Under the present U.S. copyright law, most film directors and other creative contributors to an audiovisual work are unlikely to obtain injunctive relief from a U.S. court against the exhibition or dissemination of color-encoded versions of black and white originals. The difficulty is not simply that the U.S. copyright law does not recognize a specific moral right of integrity independent of economic rights. The director's poor domestic prospects are largely due to U.S. copyright law's work-made-for-hire doctrine. Most contributors to an audiovisual work are employees for …