Intellectual Property Law Commons^™

The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Artistic Parody: A Theoretical Construct, Sherri L. Burr

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And Computer Programs: It's All In The Definition, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Precarious Balance: Moral Rights, Parody, And Fair Use, Geri J. Yonover

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And The Legislative Process: A Personal Perspective, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Duration Extension And The Dark Heart Of Copyright, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Copyright Term Extension Act Of 1995: Or How Publishers Managed To Steal The Bread From Authors, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Marks Of Distinction: Rethinking Secondary Meaning Standards In Trademark Law After Qualitex V. Jacobson, Daniel I. Schloss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Visual Artists Rights Act Of 1990: American Artists Burned Again, Robert J. Sherman

Cardozo Law Review

This Note explores those sections of VARA which specify the conditions under which a visual artist may waive the protection granted by the 1976 Copyright Act. Specifically, it discusses the waiver provisions which address the most troublesome protected works-works of art that are incorporated into buildings. Part I of this Note explains the evolution of droit moral doctrine in European copyright law, the role it plays in the Berne Convention, and a comparison between its application in Europe and the United States. Part II presents a discussion of the United States accession to the Berne Convention and the hurdles to …

A New Use For An Old License: Who Owns The Right?, Barbara D. Griff

Cardozo Law Review

In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …

[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz

Cardozo Law Review

Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the …

Assembling A Theory Of Infringement: Third Party Liability Based On In Vivo Production Of Patented Pharmaceuticals, Eitan Alexander Ogen

Cardozo Law Review

This Note addresses the novel and still unresolved issues raised by the facts underlying Zenith. Part I describes the patent law system and its importance to the pharmaceutical industry. Part II discusses statutory interpretation issues raised by Zenith, relating to direct infringement and associated third party liability, as they pertain to the metabolic processes of living beings. Part III analyzes these issues in light of the existing case law. Part IV integrates the discussion by proposing a set of factors to be weighed in analyzing infringement actions against third parties that is consistent with the prevailing jurisprudence, the …

Bamboozlement: The Repeal Of Copyright Registration Incentives, John B. Koegel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The End Of Formalities: No More Second-Class Copyright Owners, Arthur Levine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Frontier Issues: Pitfalls In Developing And Marketing Multimedia Products, Michael D. Scott

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Charting The Collapse Of The Patent-Copyright Dichotomy: Premises For A Restructured International Intellectual Property System, J. H. Reichman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Future Without Formalities, Irwin Karp

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Registration And Remedies: Recovery Of Attorney's Fees And Statutory Damages Under The Copyright Reform Act, Charles Ossola

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Futility Of A Future Without Formalities, Bernard R. Sorkin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Law And Social Dialogue On The Information Superhighway: The Case Against Copyright Liability Of Bulletin Board Operators, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The University Community: Pursuit Of The Promise Of The New Media, Georgia K. Harper

Cardozo Arts & Entertainment Law Journal

I would like to convey a sense of the university community's needs regarding the development of the National Information Infrastructure ("NII") by examining the following points: (1) experimental projects involving users and producers of information, in our case, libraries and publishers, should play a crucial role in defining the new rules of the road; (2) fair use is a necessary backdrop to such experimentation, but it may become less important in the future; and (3) certain principles which will lay the foundation for the exchange of electronic information as well as guide the development of the NII must be enumerated …

The National Information Infrastructure, Steven Metalitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Freeing Copyright From Formalities, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Unconscious And The Law The Law And The Unconscious, Jorge Degregorio

Cardozo Law Review

The god Apollo, whose diverse gifts included the ability to interpret dreams, was recognized as the first author of the law, which was dictated through his oracle in Delphi. For his sacred person, dreams were laws and laws, dreams. Let us invent a story in order to fill in the missing pages of the myth:

Laws, as well as the power to decipher the soul's mysteries from dreams, were bestowed upon the Androgyns by the god. Once they acquired the power of law and of dream interpretation, they attempted to scale Olympus and sit on the gods' stage. Zeus, presiding …

The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur

Cardozo Journal of International and Comparative Law

The article critiques the traditional first-order (individual) and second-order (collective) liability systems for environmental harm, arguing that both fail to adapt to the complexities and uncertainties of environmental damage. It advocates for a new, knowledge-based liability system that integrates scientific expertise, societal learning, and adaptive decision-making to address these challenges effectively.

The Legal Framework Of European Community Participation In International Environmental Agreements, Martin Hession, Richard Macrory

Cardozo Journal of International and Comparative Law

The article examines the European Community's legal framework for participating in international environmental agreements, focusing on the evolution of its external competence and the challenges inherent in this process. It highlights the role of mixed agreements, the division of competences between the Community and its Member States, and the influence of the Court of Justice in shaping these dynamics. The analysis underscores the tension between legal principles and political realities in the EC's external relations.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel

Cardozo Arts & Entertainment Law Journal

No abstract provided.