Intellectual Property Law Commons^™

The Benefits Of Alternative Dispute Resolution In Intellectual Property Disputes, Miriam R. Arfin

UC Law SF Communications and Entertainment Journal

There are numerous reasons for avoiding traditional litigation in intellectual property disputes. Given the often complex nature of intellectual property cases, litigation may not always offer the best method of resolution. By contrast, Alternative Dispute Resolution (ADR) processes can offer distinct advantages over litigation. Consequently, ADR should play a greater role in these intellectual property disputes. This Article illustrates the advantages of ADR in intellectual property disputes through a case study, and explores various options within the ADR process. The Article focuses on the United States District Court for the Northern District of California, and provides a method for choosing, …

The Data Transfer Industry: Communications Regulation For The Next Century, Robert S. Tanner

UC Law SF Communications and Entertainment Journal

Technology and competition are pushing a trend of convergence in the separate communications industries. In particular, telephone and cable companies are rapidly developing or acquiring the capacity to compete in each other's businesses. The evolution of this trend will be a larger unified marketplace where companies compete broadly in many forms of communications or data transfer. Companies in the data transfer industry will need to be able to make the most efficient use of their infrastructure to provide an array of services to the consumer.

Convergence has strained the fabric of existing communications law in the United States, and it …

Reforming Telecommunications Policy In Response To Entry Into Local Exchange Markets, Alexander C. Larson

UC Law SF Communications and Entertainment Journal

Current telecommunications regulation is based on a series of economic assumptions. The author considers these assumptions and analyzes their continued validity, given the emergence of local exchange competition as seen in the Rochester, New York plan. The author discusses entry barriers to local exchange and the effects of the Department of Justice 1992 Merger Guidelines. The author concludes with a summary of policy recommendations arising from entry into local exchange markets and the necessity of future policy reevaluation.

Swerving To Avoid The Takings And Ultra Vires Potholes On The Information Superhighway: Is The New York Collocations And Telecommunications Policy A Taking Under The New York Public Service Law, Leonard M. Baynes

UC Law SF Communications and Entertainment Journal

The Supreme Court has established definitive tests to determine whether a regulation amounts to a ."taking" under the Fifth Amendment. Regulatory agencies, fearful that they will have to compensate property owners for any interest courts deem to have been "taken," structure regulations to avoid such a finding. The author examines the "per se" and "regulatory" takings jurisprudence applicable to the New York collocation regime. The author then examines each of the New York Public Service Commission orders that create its collocation policy to determine whether New York Telephone Co.'s property was "taken" under the New York Public Service Law, thus …

American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner

UC Law SF Communications and Entertainment Journal

In American Geophysical Union v. Texaco, the Second Circuit held that a corporate employee's unauthorized photocopying of eight journal articles for personal research and reference is not a fair use under the Copyright Act. This decision tested the legal parameters of photocopying by for-profit institutions, and established that traditional copying practices will now expose many private organizations to infringement liability. This Note examines the Texaco case, the Copyright Act, and the Copyright Clearance Center, an organization which played a pivotal role in the Second Circuit's decision. The author contends that the Texaco decision is contrary to the original purpose of …

The Future Of Sports Merchandise Licensing, Julie A. Garcia

UC Law SF Communications and Entertainment Journal

Sports merchandise licensing has become a major aspect of the sports business. The four major sports leagues currently use a form of revenue sharing to split the royalties received from the multibillion dollar sales of licensed sports merchandise. The current system for dividing the proceeds has raised a number of questions; namely, do the antitrust laws prohibit sharing of such proceeds, and, if not, is the current system for dividing money fair to all parties? This note examines some of the possibilities as to the future of merchandising rights. They could become the subject of congressional legislation, as did the …

A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr

UC Law SF Communications and Entertainment Journal

The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain.

This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules. Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.

Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine

Michigan Journal of International Law

This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …

Bamboozlement: The Repeal Of Copyright Registration Incentives, John B. Koegel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The End Of Formalities: No More Second-Class Copyright Owners, Arthur Levine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Frontier Issues: Pitfalls In Developing And Marketing Multimedia Products, Michael D. Scott

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Charting The Collapse Of The Patent-Copyright Dichotomy: Premises For A Restructured International Intellectual Property System, J. H. Reichman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Future Without Formalities, Irwin Karp

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Registration And Remedies: Recovery Of Attorney's Fees And Statutory Damages Under The Copyright Reform Act, Charles Ossola

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Futility Of A Future Without Formalities, Bernard R. Sorkin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Law And Social Dialogue On The Information Superhighway: The Case Against Copyright Liability Of Bulletin Board Operators, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The University Community: Pursuit Of The Promise Of The New Media, Georgia K. Harper

Cardozo Arts & Entertainment Law Journal

I would like to convey a sense of the university community's needs regarding the development of the National Information Infrastructure ("NII") by examining the following points: (1) experimental projects involving users and producers of information, in our case, libraries and publishers, should play a crucial role in defining the new rules of the road; (2) fair use is a necessary backdrop to such experimentation, but it may become less important in the future; and (3) certain principles which will lay the foundation for the exchange of electronic information as well as guide the development of the NII must be enumerated …

The National Information Infrastructure, Steven Metalitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Freeing Copyright From Formalities, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Holding Producers And Distributors Liable For The Harms Of Sexually Violent Pornography Through Tort Law, Elizabeth K. Fuller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

United States V. Knox: Protecting Children From Sexual Exploitation Through The Federal Child Portonography Laws, Annemarie J. Mazzone

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.