Intellectual Property Law Commons^™

When Is A Cd Factory Not Like A Dance Hall?: The Difficulty Of Establishing Third-Party Liability For Infringing Digital Music Samples, Rebecca Morris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Software As Discourse: The Power Of Intellectual Property In Digital Architecture, Brian F. Fitzgerald

Cardozo Arts & Entertainment Law Journal

As software increasingly facilitates our living, we are drawn more and more to conceptualize software as discourse. While this may sound trite, it is a fundamental point to appreciate.

One of the most significant intellectual developments of the latter part of the twentieth century has been the poststrucoturalist writing of thinkers like Foucault, Derrida, and Baudril-lard, who explain the multitude of power relationships we experience in our daily lives, the indeterminacy of law, the construction of meaning, and the role of language, or discourse, in the construction of meaning and identity. According to the post-structuralists, we live in an environment …

License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Heist Of Feist: Protection For Collections Of Information And The Possible Federalization Of "Hot News", Jason R. Boyarski

Cardozo Law Review

No abstract provided.

Muddy Rules For Cyberspace, Dan L. Burk

Cardozo Law Review

Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These efforts have been justified on the grounds that clear property rights are necessary to allow efficient allocation of intellectual property between private parties.

However, these rationales ignore the literature regarding the efficiency of unclear or "muddy" property entitlements. Where transaction costs of private bargaining are high, muddy rules will tend to force parties into informal bargaining transactions. Transaction costs on the …

Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey

Cardozo Law Review

No abstract provided.

Interpreting Law And Music: Performance Notes On "The Banjo Serenader" And "The Lying Crowd Of Jews", J. M. Balkin, Sanford Levinson

Cardozo Law Review

No abstract provided.

Semiotics; Or Wishin' And Hopin'?, Penelope Pether

Cardozo Law Review

No abstract provided.

Fusion Folk: A Comment On Law And Music, Carol Weisbrod

Cardozo Law Review

No abstract provided.

A Chile Forecast For Accession To Nafta: A Process Of Economic, Legal And Environmental Harmonization, Jeffrey Lax

Cardozo Journal of International and Comparative Law

The note argues that Chile is a prime candidate for accession to NAFTA due to its strong economy and commitment to free trade principles, despite facing obstacles such as intellectual property and agricultural law discrepancies. It suggests that a gradual integration approach and the use of NAFTA as an incentive could facilitate Chile's accession, benefiting both the US and Chile in the long term.

Farewell Madison Avenue, Marci A. Hamilton

Articles

No abstract provided.

Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton

Articles

No abstract provided.

Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder

Articles

The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.

Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New Lyrics For An Old Melody: The Idea/Expression Dichotomy In The Computer Age, Jon O. Newman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Art And The Marketplace Of Expression, Marcie A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Motion Pictures, Moral Rights, And The Incentive Theory Of Copyright: The Independent Film Producer As "Author", Stuart K. Kauffman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Originality In Copyright Law A "Question Of Law Or A Question Of Fact?": The Fact Solution, Julia Reytblat

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

How To Do Things With Hegel, David G. Carlson

Articles

The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.

Issue 51 - December 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Crisis of ORT, page 1

News from the Duma, page 5

Communists Call for Control of Media, page 7

Election News, page 12

News on VGTRK, page 13

Other Media News, page 17

Azerbaijan, page 20

Belarus, page 22

Estonia, page 22

Moldova, page 22

Ukraine, page 23

Albania, page 24

Bulgaria, page 25

Hungary, page 25

Poland, page 26

Slovakia, page 27

Yugoslavia and Former Yugoslavia:

Bosnia-Herzegovina, page 29

Macedonia, page 33

Montenegro, page 33

Serbia, page 34

Slovenia, page 36

Law of Kyrgyz Republic on Mass Media, page 37

Queries and …

Issue 50 - November 1, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Media Tax Concessions Law, page 1

Proposed Amendments to Mass Media Law, page 3

News on ORT, page 4

VGTRK Supervisory Council, page 8

Other Media News, page 10

Armenia, page 12

Latvia, page 12

Tajikistan, page 12

Turkmenistan, page 13

Ukraine, page 13

Albania, page 14

Hungary, page 16

Slovakia, page 18

Yugoslavia and Former Yugoslavia

Croatia: New Laws on HRT, page 19

Serbia / Montenegro

New Serbian Information Law, page 22

Montenegro's Reaction to New Serbian Media Law, page 29

Other Media News, page 30

Analysis of the Azerbaijani "Laws on Mass …

Issue 48-49 - September 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Reorganization of VGTRK, page 1

Crackdown on Piracy, page 9

Other Media News, page 10

Chechnya, page 13

Estonia, page 15

Kazakhstan, page 16

Tajikistan, page 16

Ukraine, page 16

Uzbekistan, page 16

Bulgaria, page 17

Hungary, page 19

Slovakia

TV Markiza, page 19

Slovak TV's Closure of Hungarian Service, page 21

Other Media News, page 22

Yugoslavia and Former Yugoslavia

Bosnia-Herzegovina

Suspension and Relocation of SRNA, page 23

Croatian TV, page 24

Other Media News, page 30

Serbia, 32

Decree on payment for use of radio frequencies, page 33

Structural Reconstruction of …

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Cardozo Law Review

No abstract provided.

The Cat In The Hat's Latest Bad Trick: The Ninth Circuit's Narrowing Of The Parody Defense To Copyright Infringement In Dr. Seuss Enterprises V. Penguin Books Usa, Inc., Jason M. Vogel

Cardozo Law Review

No abstract provided.

The Top Ten Intellectual Property Law Questions That Should Be Asked About Any Merger Or Acquisition, Marci A. Hamilton

Articles

No abstract provided.