Intellectual Property Law Commons^™

A Powers-Based Approach To The Protection Of Ideas, Larissa Katz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Authors' Rights-Based Copyright Law: The Fairness And Morality Of French And American Law Compared, Jean-Luc Piotraut

Cardozo Arts & Entertainment Law Journal

No abstract provided.

January 1, 2003: The Birth Of The Unpublished Public Domain And Its International Implications, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

No abstract provided.

What's The Story With Storyline Patents-An Argument Against The Allowance Of Proposed Storyline Patents And For The Rejection Of Currently Pending Storyline Patent Applications, Ben Manevitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Harvest Of Knowledge: Why The Public Policy Behind Copyright Law Requires Legislation Endorsing Digital Media Collections As Privileged Revisions, Diana Katz Gerstel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Identity Theft: Tribute Bands, Grand Rights, And Dramatico-Musical Performances, Brent Giles Davis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Censure The Tree For Its Rotten Apple: Attributing Liability To Parents For The Copyright Infringement Of Their Minor Children, Chad Silver

Cardozo Public Law, Policy & Ethics Journal

The note argues that holding parents legally responsible for copyright infringement committed by their minor children could serve as an effective deterrent against illegal music downloading. It explores the legal frameworks for parental liability, including contributory and vicarious liability, and evaluates the potential benefits and challenges of this approach in addressing the decline of the recording industry due to illegal file sharing.

A Modest Proposal To Streamline Fair Use Determinations, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sense And Nonsense In Measuring Sponsorship Confusion, Jacob Jacoby

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy Jr.

Cardozo Arts & Entertainment Law Journal

17 U.S.C. § 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for § 1201 were laundered through international treaties, …

Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction To David Nimmer's Modest Proposal, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"We-Intention" And The Limits Of Copyright, Lior Zemer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Off With Their Printheads! An End To The Per Se Presumption Of Illegality For Patent Ties In Illinois Tool Works V. Independent Ink, Aliza Reicher

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Progress On The Wipo Broadcasting And Webcasting Treaty, Matthew D. Asbell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Global Copyright, Local Speech, Michael D. Birnhack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Size Matters (Or Should) In Copyright Law, Justin Hughes

Articles

American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

Introduction: Un Cygne Noir, Peter Goodrich

Cardozo Law Review

No abstract provided.

A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta

Cardozo Journal of International and Comparative Law

The note proposes a mathematical approach to benefit-detriment analysis as a solution to the challenges posed by compulsory licensing of pharmaceuticals under the TRIPS Agreement. The core argument is that a socio-economic framework, comparing the monetary detriment to pharmaceutical companies (D) with the aggregate societal benefit (H x C), where H is the average health benefit per person and C is the number of affected citizens, can provide a balanced and objective method to determine when compulsory licenses should be granted. This approach aims to address the "Paragraph 6 problem" and improve access to essential medicines in developing countries while …

Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman

Cardozo Law Review

No abstract provided.

Something Old, Something New, Something Borrowed, Something Blue: A New Tradition In Nontraditional Trademark Registrations, Melissa E. Roth

Cardozo Law Review

No abstract provided.

Honeywell: The Straw That May Just Break The Inventor's Back, Wing H. Liang

Cardozo Law Review

No abstract provided.

Time For India's Intellectual Property Regime To Grow Up, Jishnu Guha

Cardozo Journal of International and Comparative Law

The note argues that India's copyright enforcement regime is inadequate despite having robust laws, hindering the growth of its entertainment industry and foreign investment. It advocates for comprehensive IPR enforcement, particularly in the entertainment sector, to unlock economic opportunities and foster creativity. The analysis draws parallels with the U.S. copyright system, emphasizing the importance of enforcement in driving industrial growth. The note proposes collaboration with the U.S. entertainment industry and government to address resource and cultural barriers to effective enforcement.

Introduction: Walter Benjamin After The 20th Century: The Future Of A Past, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

A Case For Mediating Trademark Disputes In The Age Of Expanding Brands, David Allen Bernstein

Cardozo Journal of Conflict Resolution

This Note proposes that there is an alternative method that ensures the viability of brand names while avoiding litigation. Companies must be willing to enter a process which will explore the possibility of a mutually beneficial solution, perhaps in the form of a settlement agreement allowing both parties to use the mark or brand name. The process best suited to guide such parties and achieve such a result is mediation.