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Articles 331 - 360 of 494
Full-Text Articles in Intellectual Property Law
Calculating Artists’ Royalty: An Analysis Of The Courts’ Dualistic Interpretations Of Recording Contracts Negotiated In A Pre-Digital Age, Nina Aragon
Cardozo Law Review de•novo
This Note examines the disparity in the courts’ rulings in the Malmsteen and F.B.T. cases, specifically the different ways in which each court interpreted the contractual language of the parties’ preInternet recording agreements, and their application of royalty rates. Part I of this Note provides an overview of the royalty structure used to compute royalty rates for compact discs (CDs). Part I discusses on the economic effects of switching to a digital distribution system, the sales versus license distinction, and the principles relied on by the courts to interpret pre-Internet contracts. Part II of this Note examines the courts’ rulings …
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Life of the Law School (1993- )
No abstract provided.
Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt
Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt
Charleston Library Conference
Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Georgia Journal of Law & Technology
No abstract provided.
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Faculty Scholarship
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Patent Privateers And Antitrust Fears, Matthew Sipe
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The Insurability Of Claims For Restitution, Christopher French
The Insurability Of Claims For Restitution, Christopher French
Faculty Scholarship
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
Georgia Journal of Law & Technology
No abstract provided.
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
Georgia Journal of Law & Technology
No abstract provided.
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Georgia Journal of Law & Technology
No abstract provided.
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Georgia Journal of Law & Technology
No abstract provided.
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Georgia Journal of Law & Technology
No abstract provided.
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz
Georgia Journal of Law & Technology
No abstract provided.
Golden Road Motor Inn, V. Islam, Et. Al., 132 Nev. Adv. Op. 49 (Jul. 17, 2016), Heather Caliguire
Golden Road Motor Inn, V. Islam, Et. Al., 132 Nev. Adv. Op. 49 (Jul. 17, 2016), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court held that non-compete agreements cannot extend further than what is reasonable and necessary to protect the interests of the employer and cannot create an undue hardship on the employee. It also held that courts may not “blue line” (“blue pencil”) contracts, that is change or delete terms to make the Contract legal. The Court further held that altering player contact information, so long as the information can be restored with minimal disruption to the gaming company does not rise to the level of conversion. Finally, the Court held that a gaming company is not liable for …
A Study On The Legality Of Royalty Collection Clauses After Expiration Of Patent Rights, 15 J. Marshall Rev. Intell. Prop. L. 213 (2016), Wei-Lin Wang
UIC Review of Intellectual Property Law
Whether a contract clause may permit a patent owner to continuously collect royalty payments from a licensee after the expiration of its patent rights is a highly controversial issue in practice. Some believe that because patent rights are a kind of monopoly granted by the government, it shall not be extended after expiration; otherwise, it shall be regarded as patent misuse and/or unfair competition as the case may be. Nonetheless, others believe that this kind of clause is actually beneficial to a licensee because the licensee is allowed to make royalty payments throughout the whole patent term and even after …
Panel 1: Issues In The U.S. For Chinese Businesses, Cindy Yang, Jamie D. Underwood, Mark Cohen
Panel 1: Issues In The U.S. For Chinese Businesses, Cindy Yang, Jamie D. Underwood, Mark Cohen
Cardozo Journal of International and Comparative Law
The symposium examines the bidirectional intellectual property (IP) challenges between the U.S. and China, highlighting that while Chinese businesses face significant IP issues in the U.S., American companies also encounter complexities in China. The discussion emphasizes the evolving nature of IP litigation in both countries, with a focus on fashion and brand protection. Panelists provide insights into strategies for navigating these challenges, including the use of design patents, trademarks, and trade dress, as well as the role of administrative bodies like the U.S. International Trade Commission (ITC).
Contracting Trademark Fame?, Leah Chan Grinvald
Contracting Trademark Fame?, Leah Chan Grinvald
Scholarly Works
Contracts abound in today's highly digitized society. Did you snap a pic and upload it to Instagram? You entered into a contract. Did you check your friends' statuses on Facebook? Yep, you also entered into a contract. Did you know you entered into a contract or even if you were aware of this fact, did you know the terms to which you agreed? Probably not. But despite this, we are all obligated by these contracts, so long as we are somehow made aware that we could read the terms at some point if we had the inclination to do so. …
Introductions, Matthew Diller
Introductions, Matthew Diller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng
Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Georgia Journal of Law & Technology
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Georgia Journal of International & Comparative Law
No abstract provided.
Licensing Of Intellectual Property Rights, Mark Joelson
Licensing Of Intellectual Property Rights, Mark Joelson
Georgia Journal of International & Comparative Law
No abstract provided.
Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law
Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Constructive Ambiguity: Ip Licenses As A Case Study, Michal Shur-Ofry, Ofer Tur-Sinai
Constructive Ambiguity: Ip Licenses As A Case Study, Michal Shur-Ofry, Ofer Tur-Sinai
University of Michigan Journal of Law Reform
Ambiguity in contracts is often perceived as undesirable. A certain level of ambiguity, however, can have significant virtues: reducing transaction costs associated with foreseeing and negotiating remote contingencies; facilitating the closing of efficient transactions that would not otherwise close; increasing the adaptability and “anti-fragility” of contracts in the face of unforeseen developments; and preserving trust between the parties. Some contracts are more likely to benefit from a certain degree of ambiguity. Relying on multi-disciplinary literature, this Article systematically analyzes ambiguity’s merits and identifies three principal features of transactions that are positively correlated to the virtues of ambiguity: (1) long duration, …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …