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Full-Text Articles in Intellectual Property Law

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan May 2000

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …

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Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus May 2000

Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus

Federal Communications Law Journal

New electronic media-including CD-ROMs and online services such as LEXIS/NEXIS-offer new outlets to which traditional publishers can disseminate the content of their publications. Recently, in Tasini v. New York Times, freelance authors claimed that the publishing industry allegedly infringed their copyrights in the underlying works of authorship. In absence of express agreements to the contrary, the authors maintained that section 201(c) of the Copyright Act gives the publishers only the limited privilege of publishing an article as part of a "particular collective work, any revision of that collective work, and any later collective work in the same series" and that …

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The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das May 2000

The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das

Federal Communications Law Journal

This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …

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Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field May 2000

Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field

Cardozo Law Review

No abstract provided.

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Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …

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Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null Jan 2000

Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null

UC Law SF Communications and Entertainment Journal

Recent attempts by the California legislature to prevent abuses by the paparazzi have spotlighted the conflict between freedom of the press, which is considered essential to the survival of a democratic society, and the personal right of privacy, violation of which has proven harmful. This article compares California's Anti-Paparazzi law with proposed federal legislation. The author suggests an appropriate course of action for promoting the most effective form of federal legislation on the issue.

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Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld Jan 2000

Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld

UC Law SF Communications and Entertainment Journal

This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.

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The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King Jan 2000

The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King

UC Law SF Communications and Entertainment Journal

In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also …

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Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets Jan 2000

Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets

UC Law SF Communications and Entertainment Journal

Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.

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Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan Jan 2000

Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan

UC Law SF Communications and Entertainment Journal

In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …

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Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton Jan 2000

Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton

UC Law SF Communications and Entertainment Journal

In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.

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Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi Jan 2000

Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi

UC Law SF Communications and Entertainment Journal

Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider …

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Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini Jan 2000

Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini

UC Law SF Communications and Entertainment Journal

The question of whether claims construction in patent infringement cases should be decided by the judge or jury has been a matter of contention. This note examines the backdrop against which the United States Supreme Court deemed claim construction to be a matter of law solely for district court judges in Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. and Altheon Enterprises, Inc. The author asserts that Pitney Bowes, Inc. v. Hewlett-Packard Co., a recent Federal Circuit case, undermines the holding in Markman. The author argues that in light of the recent Pitney case, the United States Supreme Court …

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New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate Jan 2000

New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate

UC Law SF Communications and Entertainment Journal

The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.

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International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman Jan 2000

International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman

UC Law SF Communications and Entertainment Journal

Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …

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The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson Jan 2000

The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson

UC Law SF Communications and Entertainment Journal

The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …

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Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez Jan 2000

Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez

UC Law SF Communications and Entertainment Journal

The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …

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Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell Jan 2000

Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell

UC Law SF Communications and Entertainment Journal

Libraries have been presented with the perplexing problem of whether or not they should be required, or whether they are even allowed, to filter users' access (specifically children's access) to obscene and/or pornographic materials on the Internet. Such access could cause the public to accuse libraries of providing and tolerating obscenity. This note explores the potential chaos that open access to obscene and pornographic material on the internet may bring to the definition of community standards and the hoops that modem e-pornographers must jump through. The author discusses the basics of First Amendment law, analyzes the flaws in these doctrines …

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Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth Jan 2000

Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth

UC Law SF Communications and Entertainment Journal

This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …

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Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan Jan 2000

Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan

UC Law SF Communications and Entertainment Journal

The information industries have become the center of national growth and opportunity. In the new information economy, intellectual property financing has assumed growing importance. This article suggests that area in urgent need of restructuring is secured financing law. Article 9 and the Revised Article 9 of the Uniform Commercial Code are incapable of effectively financing intellectual property. This article provides a summary of how intellectual property financing works and why it is more efficient to utilize the federal information statute. Additionally, this article provides a detailed description on the law governing the financing of intellectual property. The author argues that …

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State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva Jan 2000

State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva

UC Law SF Communications and Entertainment Journal

Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …

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Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan Jan 2000

Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan

UC Law SF Communications and Entertainment Journal

The policies underlying the creation and exploitation of intangible intellectual property differ sharply from those for manufacture and sale of tangible goods. Intellectual property law seeks to protect the creditor's ability to benefit by his endeavors; in contrast, laws governing tangible goods are concerned with the transferability and availability of such goods in the interest of efficiency. This paper argues that current laws, such as the recent revision of Article 9 of the Uniform Commercial Code ("Revised 9"), ignores the concept that effective financing of intellectual property could and should operate in conjunction with state personal property financing laws. The …

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Complexity And Copyright In Contradiction, Michael J. Madison Jan 2000

Complexity And Copyright In Contradiction, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds Dec 1999

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

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The Heist Of Feist: Protection For Collections Of Information And The Possible Federalization Of "Hot News", Jason R. Boyarski Dec 1999

The Heist Of Feist: Protection For Collections Of Information And The Possible Federalization Of "Hot News", Jason R. Boyarski

Cardozo Law Review

No abstract provided.

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The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look Oct 1999

The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams May 1999

The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams

Federal Communications Law Journal

The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …

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Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips Jan 1999

Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips

UC Law SF Communications and Entertainment Journal

The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …

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Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang Jan 1999

Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang

UC Law SF Communications and Entertainment Journal

In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.

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Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan Jan 1999

Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …

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