Intellectual Property Law Commons^™

Copyright Problems Of The Phonograph Record Industry, Sidney A. Diamond

Vanderbilt Law Review

This article addresses itself to several difficult questions. Are phonograph records copyrightable? What is the scope of a copyright owner's "mechanical reproduction right," and how exclusive is this right? What protection against infringement of the "recorded performance," as opposed to the musical composition incorporated in it, has the record manufacturer? What additional statutory protection might be granted in this area, and what of its constitutionality?

The Common Law And Statutory Background Of The Law Of Musical Property, George D. Cary

Vanderbilt Law Review

This article comprises a brief but comprehensive presentation of the history and evolution of the law of musical copyright; it is particularly designed for the practitioner seeking a general view of musical copyright law before proceeding on to more specialized problems. After a discussion of the English and American history of musical copyright, the article examines the common law and statutory aspect of the subject, and concludes by discussing the international rules and conventions governing musical copyright.

Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff

Vanderbilt Law Review

In Columbia Broadcasting System v. Loew's, Inc.,' the Supreme Court of the United States aroused great concern in the entertainment world when it affirmed (by an evenly divided court) a lower court decision enjoining CBS from producing a television burlesque by comedian Jack Benny of the motion picture Gaslight. Plaintiff Loew's had claimed an infringement of their copyright. CBS countered with the contention that their parody was a "fair use" of plaintiff's work. In affirming, the Supreme Court, in its initial consideration of this issue, placed its imprimatur upon a decision which takes the position that parody and burlesque do …

Problems In Joint Ownership Of Patents, Harrington A. Lackey

Vanderbilt Law Review

In that area of the law where rights in the products of mental conception are created, transferred and litigated, the general practitioner is often bewildered by the challenge to identify such rights with legal principles familiar to him. Although certain of these rights have arisen and are protected under our common law, patent rights are creatures of federal statutes authorized under our Constitution. Moreover, patents are identified as property, and under the 1952 Patent Act, they have been further classified as personal property. Here the confusion begins.

The Limits Of State Jurisdiction In Affording Common Law Protection To Clothing Designs, Leonard S. Elman

Vanderbilt Law Review

The recent case of Dior v. Milton' indicates that the "misappropriation" doctrine of the law of unfair competition will be applied to impose liability upon unlicensed users of original clothing designs. The purpose of this article is to outline briefly the statutory protection presently available for such designs, and to discuss certain problems raised by the Dior v. Milton decision.

The Constitution, in article I, section 8, provides that Congress shall have power to enact legislation "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their …

Patent Monopolies And Free Enterprise, Myron W. Watkins, George W. Stocking

Vanderbilt Law Review

Public policy has long recognized the intimate relation between a dynamic technology and a well-adjusted economy. Without experiment, industrial arts stagnate. Rightly understood, invention is synonymous with improvement in the industrial arts, and invention comes about only from experimenting. Not every inventor finds what he is looking for, true enough, or is looking for what he finds. But unless, consciously or unconsciously, he is seeking a new way to do something or a new "combination of matter" he will never discover anything.

To encourage experiment and thus foster technical improvment is the avowed purpose of the American patent system. The …

Protection Of The Content Of Radio And Television Programs By Common Law Copyright, Harry P. Warner

Vanderbilt Law Review

Common law copyright has reference to an individual's "right in his original, unpublished, intellectual productions," which are protected via the common law. Common law copyright antedates the copyright statutes and can furnish the creative artist adequate and complete protection within limits. The common law rights are protected independently of the statute until the creative artist has permitted the contents of his work to be communicated generally to the public. As a matter of fact, section 2 of the Copyright Code expressly provides that statutory copyright will not annul or limit the enforcement of common law rights at law or in …