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Articles 721 - 750 of 984
Full-Text Articles in Intellectual Property Law
Family Feud In The Entertainment Industry: Section 304(A) Of The Copyright Act And Its Impact On Estate Distribution, Heather Hubbard
Family Feud In The Entertainment Industry: Section 304(A) Of The Copyright Act And Its Impact On Estate Distribution, Heather Hubbard
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Heartbreak Hotel In B-Flat Broke: Music, Money And (Un)Fair Use, L. Richard Walton
Heartbreak Hotel In B-Flat Broke: Music, Money And (Un)Fair Use, L. Richard Walton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Silenced Minority: When The Riaa Charges College Radio For Online Broadcasts, Will The Public End Up Paying?, Eleanor Lackman
The Silenced Minority: When The Riaa Charges College Radio For Online Broadcasts, Will The Public End Up Paying?, Eleanor Lackman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Distinguishing The Derivative From The Transformative: Expanding Market-Based Inquiries In Fair Use Adjudications, Tracey Topper Gonzalez
Distinguishing The Derivative From The Transformative: Expanding Market-Based Inquiries In Fair Use Adjudications, Tracey Topper Gonzalez
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copying For Religious Reasons: A Comment On Principles Of Copyright And Religious Freedom, Thomas C. Berg
Copying For Religious Reasons: A Comment On Principles Of Copyright And Religious Freedom, Thomas C. Berg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Ucita, Copyright, And Capture, Deborah Tussey
Ucita, Copyright, And Capture, Deborah Tussey
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Who Owns The Back Of A Baseball Card?: A Baseball Player's Rights In His Performance Statistics, Jack F. Williams
Who Owns The Back Of A Baseball Card?: A Baseball Player's Rights In His Performance Statistics, Jack F. Williams
Cardozo Law Review
No abstract provided.
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Jacques J. Gorlin
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Jacques J. Gorlin
Cardozo Journal of International and Comparative Law
The article discusses the role of U.S. industries and trade associations in shaping intellectual property (IP) lawmaking, particularly through the establishment of the Intellectual Property Committee (IPC) and its influence on the TRIPS agreement. The author argues against the notion of a corporate "conspiracy" behind TRIPS, instead highlighting the strategic lobbying efforts by industries to include IP issues in international trade negotiations. The article emphasizes the political and legal implications of TRIPS implementation and enforcement.
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Geralyn Ritter
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Geralyn Ritter
Cardozo Journal of International and Comparative Law
The article argues that the U.S. trade policymaking process is an open, inclusive system where diverse voices—including NGOs and consumer groups—meaningfully influence outcomes. It rejects the notion that intellectual property (IP) policy is driven solely by corporate interests, asserting instead that strong IP protections benefit both industry and consumers by fostering economic growth.
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Shira Perlmutter
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Shira Perlmutter
Cardozo Journal of International and Comparative Law
The article argues that private sector participation in policymaking, while potentially leading to overly complex legislation, generally fosters a more rational, balanced, and politically acceptable outcome. It posits that transparency and inclusivity—both at the national and international levels—are essential for ensuring that policy is informed by practical expertise and public interest.
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Eric H. Smith
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Eric H. Smith
Cardozo Journal of International and Comparative Law
The article discusses the role of the private sector and government collaboration in shaping international copyright law, emphasizing the balance achieved in treaties like the DMCA and the importance of intellectual property protection for economic development globally. It highlights how the private sector, including U.S. industries, influenced treaty negotiations and argues that intellectual property protection benefits both developed and developing countries by combating piracy and fostering economic growth.
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll
U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll
Cardozo Journal of International and Comparative Law
The article emphasizes the critical role of effective intellectual property (IP) enforcement in fostering economic development, particularly in developing countries, and highlights the significant influence of U.S. industries and trade associations in shaping both domestic and international IP law and policy. It underscores the importance of collaboration between the private sector and government agencies like the U.S. Patent and Trademark Office (USPTO) in refining IP laws and addressing emerging challenges in areas such as biotechnology and digital innovation.
Some Things Cannot Be Legislated, Robert M. Sherwood
Some Things Cannot Be Legislated, Robert M. Sherwood
Cardozo Journal of International and Comparative Law
The article argues that international intellectual property (IP) laws have limited effectiveness in developing countries without local support and robust institutional frameworks. It emphasizes that developing nations must recognize the role of IP in fostering economic growth and that judicial systems are critical in enforcing IP rights effectively.
Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell
Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell
Cardozo Journal of International and Comparative Law
The article examines the origins, negotiation, and post-implementation strategies of the TRIPS Agreement, emphasizing the significant role of U.S. corporate interests in shaping this global intellectual property regime. It highlights how industries leveraged political and legal mechanisms to enforce TRIPS, while also addressing emerging challenges and opposition, particularly concerning public health and biotechnology.
Institutions And Elites: Property, Contract, The State, And Rights In Information In The Global Economy, Paul B. Stephan
Institutions And Elites: Property, Contract, The State, And Rights In Information In The Global Economy, Paul B. Stephan
Cardozo Journal of International and Comparative Law
The article critiques the increasing reliance on international institutions for harmonizing intellectual property rights, arguing that while such institutions provide a framework for addressing the challenges of the information revolution and globalization, they may not be the optimal solution. It explores alternatives, including the development of an international common law through national courts and the potential benefits of local lawmaking and competition among jurisdictions. The author advocates for a structure that allows local autonomy in intellectual property regulation to better allocate rights in valuable information.
The Paradox Of Intellectual Property Lawmaking In The New Millennium: Universal Templates As Terms Of Surrender For Non-Industrial Nations; Piracy As An Offshoot, Assafa Endeshaw
Cardozo Journal of International and Comparative Law
The article contends that nonindustrial countries (nonICs) have lost their role in shaping intellectual property (IP) laws, leading to the imposition of IP frameworks that often conflict with their economic and cultural needs. It argues that piracy in nonICs is not merely illegal activity but a consequence of their inability to tailor IP laws to their own development. The article critiques TRIPS for imposing Western IP standards on nonICs, which it views as a form of imperialism, and suggests that nonICs should adopt modified liability principles to foster innovation while addressing issues like access to essential goods such as medicines.
"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long
"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long
Cardozo Journal of International and Comparative Law
The article examines the evolving relationship between culture and intellectual property in the context of globalization, arguing that the current international harmonization process under the TRIPS Agreement is coercive and undemocratic, disproportionately favoring developed countries. It advocates for a more inclusive and balanced approach to harmonization that considers the diverse needs of developing countries and ensures equitable protection of intellectual property while preserving cultural and public domain interests.
Knowledge-Economy Ilites, The International Law Of Intellectual Property And Trade, And Economic Development, Michael P. Ryan
Knowledge-Economy Ilites, The International Law Of Intellectual Property And Trade, And Economic Development, Michael P. Ryan
Cardozo Journal of International and Comparative Law
The article challenges the simplistic view of the TRIPS Agreement as a tool solely for corporate power, emphasizing instead the agency and strategic choices of developing countries in shaping intellectual property (IP) policies to their economic benefit. It highlights the complexity of IP laws, including trademarks, patents, and copyrights, and their varying acceptance and impact in developing nations. The analysis underscores the importance of understanding sector-specific dynamics and the role of international organizations in promoting IP standards, ultimately advocating for a nuanced approach to IP policies that align with local development goals and global economic integration.
World Trade Intellectual Property And The Global Élites: An Introduction, Peter K. Yu
World Trade Intellectual Property And The Global Élites: An Introduction, Peter K. Yu
Cardozo Journal of International and Comparative Law
This introduction examines the shift in intellectual property (IP) lawmaking from domestic governance to international frameworks, particularly through the World Trade Organization (WTO). While international lawmaking promotes harmonization and prevents regulatory races to the bottom, it often prioritizes the interests of developed nations and multinational corporations, potentially undermining the ability of less developed countries to tailor IP systems to their socio-economic needs. The introduction highlights concerns about the exclusion of key issues like consumer rights, cultural diversity, and human rights, as well as the undemocratic nature of global institutions.
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Cardozo Law Review
No abstract provided.
Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu
Articles
All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
Articles
Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …
Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers
Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn
Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders
Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky
Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower
Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg
Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
War Stories, Jessica Litman
War Stories, Jessica Litman
Cardozo Arts & Entertainment Law Journal
No abstract provided.