Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 451 - 480 of 984

Full-Text Articles in Intellectual Property Law

It's In The Game: Redefining The Transformative Use Test For The Video Game Arena, Joseph Gutmann Jan 2012

It's In The Game: Redefining The Transformative Use Test For The Video Game Arena, Joseph Gutmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

An End To The Ncaa's Exploitation Of Former Student-Athletes: How O'Bannon V. Ncaa Highlights The Need For An Inalienable Reversionary Interest In The Right Of Publicity For Former Student-Athletes, Nabeel Gadit Jan 2012

An End To The Ncaa's Exploitation Of Former Student-Athletes: How O'Bannon V. Ncaa Highlights The Need For An Inalienable Reversionary Interest In The Right Of Publicity For Former Student-Athletes, Nabeel Gadit

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Copyright Harm And Injunctions, Christina Bohannan Jan 2012

Copyright Harm And Injunctions, Christina Bohannan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg Jan 2012

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance Jan 2012

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian Jan 2012

Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers Jan 2012

Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Introduction, Justin Hughes Jan 2012

Introduction, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Madisonian Fair Use, Michael J. Madison Jan 2012

Madisonian Fair Use, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Antibiotic Resistance, Jessica Litman Jan 2012

Antibiotic Resistance, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Speaking Of Moral Rights, A Conversation, Eva E. Subotnik, Jane C. Ginsburg Jan 2012

Speaking Of Moral Rights, A Conversation, Eva E. Subotnik, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine Jan 2012

Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine

Cardozo Arts & Entertainment Law Journal

The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …

Go to article

Pangloss's Copyright, Derek E. Bambauer Jan 2012

Pangloss's Copyright, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Region Codes And The Territorial Mess, Peter K. Yu Jan 2012

Region Codes And The Territorial Mess, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman Jan 2012

Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill Jan 2012

Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes Jan 2012

Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Three Myths For Aging Copyrights: Tithonus, Dorian Gray, Ulysses, Robert Spoo Jan 2012

Three Myths For Aging Copyrights: Tithonus, Dorian Gray, Ulysses, Robert Spoo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Share His Dream: A Fair Use Standard For Historico-Political Figures' Rights Of Publicity, Joshua Bloomgarden Jan 2012

Share His Dream: A Fair Use Standard For Historico-Political Figures' Rights Of Publicity, Joshua Bloomgarden

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert Jan 2012

Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

A Tango Between Copyright And Choreography: Whiteness As Status Property In Balanchine's Ballets, Fuller's Serpentine Dance, And Graham's Modern Dances, Caroline Joan S. Picart Jan 2012

A Tango Between Copyright And Choreography: Whiteness As Status Property In Balanchine's Ballets, Fuller's Serpentine Dance, And Graham's Modern Dances, Caroline Joan S. Picart

Cardozo Journal of Equal Rights & Social Justice

The article examines the intersection of race, gender, and copyright law in the context of modern dance in the United States. It argues that the legal battles over copyright protection for choreography were deeply influenced by racial and gender biases, with white male choreographers like George Balanchine securing ownership and control over their works, while female choreographers like Martha Graham faced significant challenges in maintaining control over their intellectual property. The article highlights how these dynamics shaped the legal framework for copyright protection in dance, emphasizing the role of whiteness and gender in determining ownership and legacy.

Go to article

Separating The Sheep From The Goats: Celebrity Satire As Fair Use, Nicholas D. Sirabella Dec 2011

Separating The Sheep From The Goats: Celebrity Satire As Fair Use, Nicholas D. Sirabella

Cardozo Law Review

No abstract provided.

Go to article

Battling Clearance Culture Shock: Comparing U.S. Fair Use And Canadian Fair Dealing In Advancing Freedom Of Expression In Non-Fiction Film, Sarah Sklar-Heyn Oct 2011

Battling Clearance Culture Shock: Comparing U.S. Fair Use And Canadian Fair Dealing In Advancing Freedom Of Expression In Non-Fiction Film, Sarah Sklar-Heyn

Cardozo Journal of International and Comparative Law

The note explores the tension between intellectual property rights and freedom of expression, particularly focusing on the challenges faced by nonfiction filmmakers in navigating copyright laws. It highlights how fair use and fair dealing doctrines in the U.S. and Canada serve as critical tools for balancing these competing interests. The analysis emphasizes the importance of flexible legal frameworks to accommodate the unique needs of documentary filmmaking, which often relies heavily on the use of preexisting works. The note also examines the potential for international harmonization of these doctrines to facilitate global distribution of audiovisual works.

Go to article

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen Oct 2011

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen

Cardozo Law Review

The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the "fame" requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …

Go to article

Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi Jul 2011

Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi

Cardozo Journal of International and Comparative Law

In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, …

Go to article

Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf Jul 2011

Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf

Cardozo Public Law, Policy & Ethics Journal

The article argues that the nonobviousness requirement under 35 U.S.C. §103 is overly subjective and unpredictable, undermining the patent system's effectiveness. It contends that this indeterminacy discourages innovation and allows monopolies on minor improvements. The author proposes two reforms to enhance objectivity and consistency: a public database of nonobviousness decisions and treating prior art as a constructive specification for patent claims.

Go to article

The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Paul J. Heald, Robert Brauneis Jul 2011

The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Paul J. Heald, Robert Brauneis

Cardozo Law Review

Trademark dilution is a highly controversial cause of action that has been the subject of hundreds of law review articles, but no significant scientific work. We analyze sixty years of telephone white pages, corporate and LLC naming data, advertisements from the New York Times, Wall Street Journal, and Washington Post, state and federal trademark databases, and all recorded dilution litigation. Our data strongly suggest that famous trademarks are frequently borrowed for use as trade names in services, but almost never as trade marks on products. Given that Congress based anti-dilution legislation on the assumption that uses like …

Go to article

Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar May 2011

Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar

Cardozo Law Review

No abstract provided.

Go to article

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren Apr 2011

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Cardozo Journal of International and Comparative Law

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

Go to article

Pseudo-Interactivity: An Appropriate Rate Scheme For Customizable Internet Radio Services, Ira Hoffman Mar 2011

Pseudo-Interactivity: An Appropriate Rate Scheme For Customizable Internet Radio Services, Ira Hoffman

Cardozo Law Review

No abstract provided.

Go to article

First Prev Next Last